GUIDE  OF  JUDAISM 

nnrn  rrna 


A  Systematic  Work  for  the 
Study  and  Instruction  of 
the  Whole  Scope  of  Judaism 


RABBI  SIMON  GLAZER 

Author  "Sabbath  School  Guide",  "  The  Jews  of  Iowa",  Etc. 


NEW  YOEK 
HEBREW  PUBLISHING   COMPANY 

1917 


Copyright  in  the  United  States  t>y  Simon   Glaser  7977 

Copyright  in   Canada  79/7,  by  Simon   Glazer 

Registered  at  Stationers  Hall,  London,  England,  7977,  by  Simon   Glatn 
All  lights  resetvft  by  the  autho* 


TO    MY    DEAR     WIFE 

IDA 
THIS     VOLUME    IS    DEDICATED 

THE    AUTHOR 


2086600 


PREFACE 


When  the  first  rays  of  emancipation  pierced  through  the  Ghetto- 
horizon,  the  erstwhile  Hofjuden  were  seized  with  fear  lest  the  Oriental 
character  of  Judaism  be  the  barrier  to  complete  political  and  social 
equality.  Accordingly,  a  new  force  was  set  in  motion,  and — the  era  of 
the  Jewish  apologist  was  inaugurated.  At  the  dawn  of  the  nineteenth 
century  Apologism  was  already  an  established  institution  with  chief  head- 
quarters in  the  Central  European  Jewries.  In  a  measure  its  doctrine 
solved  some  part  of  the  Jewish  problems.  Some  among  the  early 
apologists  had  a  belief  that  by  a  kind  of  auto-hypnotism  erstwhile  Ghetto- 
dwellers  could  become  Indo-Europeans  of  Mosaic  persuasion.  A  certain 
number  of  the  descendants  of  that  generation  can  now  be  traced  at  the 
head  of  various  anti-Semitic  groups. 

The  Mashkil  whose  type  of  code  was,  "Be  a  Jew  at  home,  and  a  man 
abroad,"  was  a  cross-breed  of  an  apologist  and  an  assimilator,  the  axiom 
itself,  however,  being  a  semi-official  sanction  to  the  unlawful  union. 

The  movement  of  Reform  followed  in  the  wake  of  the  great  unrest 
in  the  semi-liberated  Jewries.  It  was  wise  in  its  day  to  select  subjects 
from  the  synagog,  or,  rather,  from  the  Beth-ha-Midrash,  and  not  from 
the  ultra-radical  groups  which  were  on  the  increase  in  Southern  Europe 
as  a  reaction  of  Hasidism.  By  such  good  care  during  its  experimental 
stages,  Reform  was  enabled  to  mould  a  nucleus  of  great  fertility  when  it 
began  a  propoganda  among  the  pioneers  of  the  New  World. 

The  Reform-builders  aimed  high.  They  started  out  on  a  crusade 
against  the  shell,  and  on  a  life-saving  mission  for  the  kernel  simultane- 


vi  PREFACE 

ously.  They  advertised  their  intentions  as  heading  towards  an  era  of 
prophetic  Judaism,  therewith  affirming  that  the  diaspora  was  not  a 
curse  but  a  blessing.  They  outlined  their  plan  with  the  thoroughness 
akin  to  most  modern  efficiency  methods.  By  process  of  elimination  the 
Talmud  and  Paskim  disappeared  entirely  from  their  midst.  Having  left 
no  locus  penitentiae  behind  them,  they  could  not  be  alarmed  lest  some 
future  zealot  will  restore  any  discarded  part  within  the  limits  of  their 
sanctum.  Then  the  battle  cry:  "Chapeau  bos!" 

One  could  not  expect  of  them  a  return  to  Karaitism,  but  that  they 
would  succeed  to  organize  a  Torah-less  Judaism  was  even  beyond  their 
own  expectation.  For,  what  they  really  have,  and  which  they  can  point 
at  as  the  kernel,  is  reduced  to  the  minister's  Drashah,  the  mourner's 
Kadish,  and  the  philanthropist's  scientific  Zedakah. 

The  coup  de  soleil  proved  too  dazzling  for  the  eyes  of  other  elements 
in  the  European  Jewries.  They  appeared,  on  occasions,  in  the  ultra- 
radical  propoganda,  particularly  on  this  side  of  the  Atlantic.  But  they 
went  neither  to  the  synagog  nor  to  the  home.  Like  unto  themselves  their 
propoganda  was  of  a  floating  character.  The  whole  mass  of  Hephkerut 
was  but  a  single  cataract  of  irresponsibility.  Having  had  no  home,  no 
priests  nor  no  high-priests,  their  brave  wives,  and  still  braver  children, 
boys  and  girls  born  among  the  free,  are  bringing  them  back  to  Judaism. 

But  the  vis  vitae  of  Judaism  in  the  New  World,  its  renaissance  and 
its  progress  is  possible  only  in  this  generation  of  patriotism  and  con- 
sciousness of  self.  The  bricks  of  the  great  edifice  of  European  Jewish- 
ness  are  being  carried  across  the  Atlantic.  One  Jewish  centre  was  always 
built  upon  the  ruins  of  another.  Such  is  our  history  and  its  philosophy. 

The  problems  confronting  Israel  to-day  are :  How  shall,  or,  rather, 
how  can  Judaism  be  perpetuated  in  the  face  of  Western  civilization  ?  Is 
Judaism  really  in  danger  because  of  its  Oriental  origin  ? 

Eliminating  Reform  as  a  factor  in  solving  these  problems,  the  ques- 
tion arises :  What  alternative  have  the  spiritual  leaders  in  Israel  to  offer 
to  the  growing  generation  which  is  both  free  and  cultured  ? 


PREFACE  YII 

Judaism,  since  the  last  quarter  of  the  eighteenth  century,  continued  to 
develop  among  the  great  masses  of  European  Jewries  along  three  dis- 
tinct lines :  the  Mendelssohnian  school,  the  Israel  Baal-Shem  school,  and 
the  Elijah  Gaon  school.  Frankfurt,  Warsaw  and  Wilna  fairly  illustrate 
the  characteristics  of  the  intentions  of  the  founders  of  those  schools. 
Will  it  be  possible,  or,  facing  conditions  as  they  are,  is  it  desirable  to 
perpetuate  the  divisions  and  create  a  Hassidic  Chicago,  an  Ashkenasic 
Philadelphia,  or  a  Pilpulistic  New  York? 

By  means  of  observation  during  two  decades  among  various  types 
of  communities,  and  alongside  Reform  colleagues  and  radical  agitators, 
it  is  my  firm  conviction  that  the  problems  of  Judaism  in  the  New  World 
can,  and  will  be  solved  by  only  one  means — by  means  of  EDUCATION. 

And,  as  an  avant  propos  I  dedicate  this  work  to  American  Israel,  to 
the  growing  and  grown  generation. 

SIMON  GLAZER. 

Chief  Rabbi  United  Synagogues 


Montreal,  New  Moon,  Adar  5677  (Feb.  22,  1917). 


VTD 


pIB 


3?m 


T  pis 

n  pis 
,?>B 

pis 


.psiy  »vn 


85—69 
92  —  85 

102—92    rm'3 
107  —  102    nvy 


nine  —  nmnp  —  miay  —  o^jnt 

K   p19 

114  —  107  ......  npi*  »nn»ffoi  monn 

3   PIS 
119  —  114    ..............    ?31M   nD'DB> 

j  pis 


137  —  119  ........  ma  »mno  » 

i  pis 
141—137 


—  D'BDBTD  —  PJP  — 

K    PIS 

149—141  .  .  .  .nvn  »PMD  ,?ain  »ma«  »n?t; 

i  pis 

157  —  149  .  .  onay  »D':3B>  .njnoi  rvsr  >ni'3o 
j  pis 


165  —  157  ............  HHM1   tffi» 

n  pis 
170—165  ....  ..........  .  .  tmrwo 

n  pis 
176—170  .-.-..  .  .  .  o'3?oi  0'iDO 


neo 

H3HK  —  JHD 

K  pis 
6  —  1  .  .  .  .  ......  fuiDKni  svnnn  niD' 

1  pie 
11  —  6  ...............  ^  niyni  nno 

a  pis 
15—11  ....  n»D3n  H'D?n  —  mm  iio?n 

1   pIB 

22  —  15  ....  m-vDDD  niyn  —  mt  rrmy 

n  pis 
29  —  22  .  .iux  n^jy 

i  pis 

,nnto  .nwx  rt» 
33—29  ..........  nun  IBD 


ISO 
D'JDT 
K  pis 


38—33 


pis 


43  —  38  ........  D»iiB3n  DIM  roe»n 

J  pis 
53  —  43    n«Di  niyut?  »man  ,nvoi  yon 

T   PIS 


59  —  53 


uan  mvo 

t 


«  pis 

63  —  59  ..................    mvnt? 

a  pis 
69—63  .  ....   mano 


:  n  »K"B  /mans  /nsna  /nptnn  v  :  J-D 
mna  waa  ;  3"3  —  tea  DP  ;  D"'  —  n"»  n'jyn 
/jno  /nptnn  v  ;  ra  NOT  ;  n"»  n"T  :  K"X 

vaKin    p'j?    ;  n"B    DP    :  '«    /VB    /naipn 
.a"Dp  p?m  ;  o"?  ppnp  ;  D 

1  PIS 


,n?tnn  v  :  aua  nuK  :  tra  tmnjo 
noio  :  a"B  KDP  tea  ;  fa  /mm  IBD  /nan»< 
;  i"?  ninjo  ;  a"'  —  a"'D  /n?sn  /nptnn  T  ;  '? 
:  n"3  or  ;  T"?  DB>  :  n"?  mn:o  :  'n  n?^o 
;  ?"p  n3e>  ;  ro  nioa»  :  a"?  DB>  ;  J"D  DP 
;  J"D  »n?'o  /nanw  ,npmn  T  : 
:  'a  ,?"B  »nan«  ,n:tra  «ioa  p»v  ; 
un  nnooi 


«  pns 


—  n"^p  —  t 


nap 

DP    ; 


:  3"^p  nap  :  «  »ts"3  »n3r 
;j"y  DP  ;  n"3  DP  :o"'p 
-TJo  p^j;  ;  t"'  DP  :  't 
;  DP  /np-J-uoai  /K  t"3 
P'y  ;  'i  nap  :  K"D  DP  ;  a"s 
»  »n"'D  /nap  /D'JOT  /n:po  on?ai 
;  n"x  nap  ;  K"B  /nap  /K"acn 
•nptnn  T  ;'r  /vas  /nap  /D»JDT  /i?o? 
:  T"JP  ap  :  a"op  nap  :  n"33  /nap  .n»3ar 
/n  i'?tfi  ;  n">  imn:o  ;  rap  DP  ;  a"ap  DP 

3  PIS 

;a"»  pnnn^D  :  'o  psny  :  '«  njpn  PKT 
:  'D  —  't  n"D  /piinn  pnp  ,D'JDT  ,npmn  T 
PJO    :  'n   nva    :D"3-DP    :  i"3   njpn   PRT 
.r»  DP  ;  K"B  DP  :  T"y  KOV   ;  a"?  n:vn 


pis 


:i  »K"B  /minn 


/yno  /nptnn 


;  rs  / 
:  '?   m 
mion  ;  Tap  p?in 

3  PIS 


>nua?n 


;  n"o 


/D'3i33  mio    ;  n"3   n«na    :  j"?p  nap 
nuins   :  rrv   p?in   :  r?   pou    ;  O"B  »a"n 
:  t"'  pans  ;  a"x  NOP  t<33  ;  a"B  noK  ;  «"'p 
«m»  ;  t"o  panj>  ;  D"J  NJ/^VO  toa  ;T3  nap 


:  pis 

:  't    pvirwo    ;  'o    ppnp    :  a"y    «DI» 
:  o"'p    nap    ;  «"a    «nna    i<aa    :  '3    QTIDB 
«oi»    :  o"'  mana   :  a"?  ppnp  :  '3  niaira 

4"3 

T  PIS 

:  'a  ninna  ;  o"op  nap  :  3"»  niana 
;  D'pnp  'B  KIBD  ;  n"o  DP  :  a"o  pmnao 
/D'aais-mnj;  >yto  /nptnn  T  ;  nnw  '»  DP 
»n?ip  '"ino  opa  njpo  *ioa  P'j  :'j  /3"B 
:  ninana  /DP  /o»3B3  p'y  :  'K  ,K"*B  /DP 
/n  news  .nuana  p'yi 

n  pis 

re"1  HOI*  /n  DP  /«  njpo  DP  :K*»  nona 
;  t"»  n>'jo   :  ''  nap   ;  ra  OP   :  V»  m^^3 
ntsio   :  n"a  niaia   :  ra  n»jyn   :  ra  niaia 
:  a"?    niana    :  a"a   n?uo    :  «"?   n"n    :  n"? 
DP    ;  n"?    nma    ;  n"a    p?m    ;  D"P 


,n"B  .'JP  npyo  .'Opiv  ;  K"D  .n"B  D'K/S 
.wiBom  :  J"B  pvirwo  :  r»  mao  :  K"D 
:  rj  PPVIP  :  K"D  HOP  K33  :  VB  .o»n3t 
ppnp  :  i">—  >">  »T?  via  :  D'BBPO  .Kn?'3D 
:  B"D  ,K"B  .n>n  :  ro  tmnjo  :  '»  mo3»  :  'n 
;  K"O  ft"D  .nionn  :  K"D  »3"0  »o»ni33 
»3"B  »Dni33  :  a"y  DP  :  n"B  DP  :  n"o 
tfffo  ,'o?pn»  :  K"D  »3"B  »'ap  iryo 
D»n3t  :  n"»  DP  ;  i"»  mao  :  n"n  »K"B 
:  'x  DP  :  3"B  DP  :  i"a  DP  :  i">  DP 
;  'n  mnjo  :  1*3  OP  :  t"o  o'nsi  :  't 
,nptnn  v  j"y  :  K"D  O'HDI  :  r» 
:  n"?  TTJ  ;  i*v  mi  mu»  :  D"B  »no»  t3ip 


,n"B 


K33  ;  re  r? 

«)D3   i"y 
,n"D  ,D'«?3  :  n"j  trap  K33  ;  n"'  »J"'B 

K33     ;  3"B    DB>     :  H"B    Dt?     ;  H"y     !'?in 

,D'K?«3  >n'ynt   ,nptnn  T3   i"y    :'v 

K33     :  K"V    D»    ;  r>    Ky'XD    K33     :  ' 


:  K"D 


nanos  no^nrn   DBITO     :  ?"a  .KIPM   /KIBD 

.mjp 

n  pie 


or  :  K"D  pi?np  :  t"o  ot?  :  n"o  m: 
:  t"o  ot?  :  '»  nuins  :  3"»  ot?  :  '3  nir  :  D"y 
:  n"o  niD3'  ;  o"'  prnp  :  n"j  or  :  K"J  oe> 
;  3"3  Dt?  :  'a  mo3»  :  D"3  prnp  ;  ro  DB> 
p^nao  :  3"3  ov  :  n"?  niD3»  :  n"D 
:  D"D  nnws  :  n"B  mos*  :  'D  n?'j 
.n?in3  myj  .D'B'J  /nptnn  T  P'y  :  D"? 
:  otr  i?o?  n:tmi  Tsxnn  natrns^  /a  »K"B 
DJ?  :  i"3  Dr  :  'i  ne'  :  S  ncio  :  n"o  nmns 


K33  :  rs  PD'J  :  'n  pern?  ;  3"'p  a^  :  ro 

:  r>  DP   :  n"y  Dt?   :  o"»   po»a   :  '»   Kyxo 

K33   ;  '«  »K"B  .prna  /O'eo  .nptnn  T  t"» 

•3"B  mny  ;  n"3  PD»J  ;  3"yp 

1  P1B 


:  3 

;  rro  nni33  ;  D"D 


:  3"p  p?in  :  n">  DK-  :  'n  'T  'K  OTIDB 
:  r?p  D'nos  ;  K3  ,0101?  ,Kn>'3o  ;  3"p  D^RDB 
:  't  —  'i  ns^D  :  T"'P  Dt?   :  o"?  UP  :  n"p  otf 
•n"o  o«?  :  T*>  j">  3"?  DV  ;  n"?  o^  ;  0*3  av 

T  P1B 

:a"»  imnao  :  'o  psny  :  '3  rutrn  ITKT 
:'»)  'i  .I"B  .enmn  t^np  ,D'Jot  .nptnn  T 
:»"»  Dt?   :  S  n?'3o   :'3  psiy   ;  »<"3  rsi? 
.n"j  D'noB   ;  r3  n'jyn   ;  n"'  njB'n  e>io 


K  P"IB 
:  »"»  —  ro  nr  ;  n 


n"n  »n"3 

/?"3Tin3 


oipo 


3  P1B 


:  fy 


,nptnn 


:  a"3  p?in  ;  »"By«  n"T  3  »n"B  .no'n 
DP  :H"D  DP  ;l"D  DP  ;  3"0  DP  ;  n"0  DP 
:  rj  DP  ;  t"o  DP  ;  O"D  DP  :  a"j  DP  :  t"? 
p»y  ;  i"y  DP  :  i"y  DP  ;  n":  DP  :  T'J  DP 


y  ;  10  DP  ;  ':  p?in  :  tv?yn  'n? 
:DP   .njpo   *iD3i   ,K"»   /'"c   ,no'np  ,npnp 
/D  »'"B  /DP  >nprnn  T3   P'JM 

3   P1B 

D"3Din3  ?sn  :  'n  nnm  :  B"J  p?in 
DP  :  o"3  p?m  :  D"D  nni33  ;  n"3Knn3  K?I 
/npnp  »njpo  HDS  p^y  ;  3"o  DP  :  3"?p 
:  3"»  DP  n"3Knnai  n"»  ,K"D  »nmoK  m?3«o 
mj  :  n"o  p>in  ;  t"o  .DP  .njpo  on?3  P'y 
,njpn  TJD3  P'y  :  'i  nni33  ;  rp  nsp  :  K"J 
njpom  »T'3  ,K"D  .nmoK  ni?3«o  >npnp 
mp'i  .KIBO  :  T"O  n?»yo  :  K"3  .DP  /^D? 
p?m  :  K"3  mnns  ;  3"p  MP  :  t"D  p?in  :  'D 
n?n  :o"'pi  3"'P  DP  :  D"D  DP  :  rv  DP  :  J"v 
ppnp  ;  c"o  »rtj  n?ny  :  'y  nimo  :  K"D  ,K"B 
:  3"n  .K"B  .n?^  ,'DJPIT  ;  'n  ninns  ;  D"> 


;  K"O    O"D    DK*    ;  3"o    VB    J 
»npmn   i»    :  n"3   D^noB    ;  3"B 

ov  p'y  ;  'i  VB  ?avi 
:  n"B  rnyut?  KnBDin  ;  3"o  n" 
;  3"3  DTTDB  :  I'D  e"B  myntp  ;  D"?  naiD 
»O3  :  K"D  '"B  rry'3tp  :  n"3  psiy  :  r?  PB'3 
?3iM  no'De»  »a»mt  ,nptnn  v  ;  t"o  Kjf'vo 
Dtp  :  'n  na?n  iv  Dtp  p<y  :  's  Dtp  ;  'a  '"B 
P3iy  :im  'E  HIED  ;  t3"'  —  r<  —  ro  e"B 
riven  p:o3  i^y  :  o"y  wrxo  K33  ;  3"' 
:  t"a  noiD  ;  3"?  —  R"?  paiy  ;  fan  paoin? 
ntrstp  ,0'y-it  ,nptnn  v  p'y  :  3"»  niao 

•DP    t"3-n31    3"'  —  3"'    r'B    »?31»1 


:  n"o  3"B  nno  :  3"'f  D'rat  :  3 

;  n"3   Ton    ;  ro   J"B    DC'    :  n"Bi   I"B 

»nptnn  T   ;  n"3  mr,;s   :  3"o  DC»  ;  D"J  D 

—  T"DP  o'mt   :  3"n  3"B  »m'n3n  n'3 

K"B  o'?3  ;  nip  'a  nso  :  'i  mn3»  ;  t"^p 
TB  fH^nsn  nn  >mi3jr  »nptnn  T  ;  rro 
:  3"'  nimn  :  '•>  DB^  ;  'n  n^nns  :  t"on 
t"3  n'jpn  :  ro  myut? 
;  vn  T"B  .tripon  ^s 
;  3"'  nD?n  /orison  on 
"»  ne>  ;  t"3  —  ra  rrjpn 
«"n  t"s  ^trnpon  »?a 

—  VB  .cnpon  n«o  ,mnj;  ,nptnn  v    ;  V'tD 
e"y  OK^BI  .mro  mo'N  /mny  ^D^  j"j?  ;  n"B 
,np»nn  T  i"y   ;  T''  missn   ;  minatr  mvon 


,npmn 


;T"D   D"B   niKipo    : 


:  3"'  mion  :  re  nmo  ;3"o  KDP  ;  K"B 
T"n  J"B  ,nonK  ma  »mnts  ,nptnn 
:  'i  —  'n  niyn^  ;  K"D  K"B  D'y:j  ;  'i 
:  3"B  D^yjj  wnBoin  ;  'n  psiy  ;  'i 
;  n"o  nmas  ;  3"j?  D'noB  :  K"D  VB 
nstr  ;  xvn  'B  nso  :  T?  imn:o  :  'n  rep 
:  T'B  Dtp  ;  t"B  D'Wi  ;  3"»  ni3D  ;  3"?p 
K33  ;  'B  D^n3t  :  'o  Kins  K33  ;  'n  ninna 
nyiv  nwoio  »mno  ,nprnn  T  ;  try  KD? 
:  3"'B  ot?  :  i"o  «"'B  D^yjj  ;  't  'i  'n  K"'B 
:  n"B  /arioi  33tro  'KDDD  «mn 

:  'J^DB'  'a  D'jro  mm   ;  K"B 
Dt?  :  nixoion  nuK  »nprnn  T   :  3-2 


;  D"3 


'a  vt3   ;  t"'  DP  ;  t"a  Dtp  ;  'a  c 

f 

t      i^TJ     *     X    *  K  D    *mT^ TJ    rC"*    \     K    **7 "D    C"' 

t"'  Dtp  :  '3  Dtp  ;  3"'  DIP  ;  'i  paiy  :  D"?  or 

n"»  DSP  ;  fo  Dtp  :  '3  nnen  :  n"'  Dtp  ;  ro 
t"?    Dtp    ; '? — o"3    Dtp    ; 'a — D"' 

•moan  .nptnn  T  ;  t"y 


nso 


K 


n3tP    ;  K"D    T"B    .1KB     ;  D'^Hp    'fi    K1BD 

;  K"3     Ky'XD     K33     ;  3"B     HKB    .KHBDin     I  3"3 

,D"jy   ni3no   iD»yit   /nptnn   T    ;  ri   n^yn 
;  T"D  3"B   or    ;  3"o   TB   nisnn    :  T"n   K"B 


»nprnn  T  ;  t"a  VB  'itp 
't  ns?n  DC'  i"y  ;  '-i  rs 
:  mcvi  ?y 
/nptnn  T  ;  '» 
'D  nsD  ;  K"»  o'Jpc'  ;  t"o  —  ro  0^  ;  '3 
Dtp  ;  »"o  K"B  Dni33  :  i"o  N"B  D^?3  ;  «an 
oni33  :  3"?  noio  :  3"n  Dni33  'O?B»IT  ;  3"o 

3"B    DB*     ;  D"D    K"D    fl?n     !  T"D    DtP    ;  t"D    3"fl 

;  t"o  nn«3  ;  '3  nmns  ;  n?c»  nao  ;  t"o 
,D'yit  .nptnn  T  .rs-m  p»y  ;?"p  p?in 
ns?n  nptnn  TS  Dtp  :  'K  ns?n  D"B  oni33 
/nptnn  V3  p'y  ;  t"?p  DIP  :n"?p  p?in  :  'n 
i>  nsMtr  jvs  n"i  /n  '"D  Dmaa  ,D'yn 
;  nionn  'oyt5  1333  nt  110'  ?yc»  ,n"3pn 
DIP  :  n"o  nnias  ;  t"?  DIP  ;  e"3  pHhp 


p?in  :  «"3  mion  :  3"»o  J"B  onwa  ;  3"o 
nx»3  ;  nr  ''D  nn  mv  1103  p'y  ;  n"o 
nniaa  ;  »nipn3  KIBD  ;  K"D  nnwa  ;  fa 
»nptnn  -p  rnjBTa  on?a  p'y  ;  t"3  DB*  ;3'j 
DIP  ro  DPS  n-i  fn  t"B  nniaa.  ,nu3ip 
PD'3  ;  'a  Kins  K33  ;  t"o  nuins  :  nosn 
,npmn  T  :  nns  KIBD  ;  '?  n:tpn  E-KI  ;  K»O 


2  PIS 


top 


top 


XII 


•Top  mna  K33  :  n"D  at?  :  t"a—  -V'a  ppnp 
a"D  ,nanm  rvat  »pap  »npmn  T  P'y  :n"opi 
:  n"op  DP  :  K"?P  DP  :  'o  »ona  was  ;  'i 
,npmn  v  !"»  :  n"'  mn3  «33  :  i"'  PO'a 
r>  OP  ;'T  tons  K33  :'i  K"D  ,D'asp  ,pap 
mama  ;  K"?  I'O'a  :  a"D—  «"o  ppnp  :  B"M 
p^y  :  a"v  mama  :  'y  KDP  «aa  ;  B"x  —  n"v 
N33  ;'«  T"B  fpanipi  pm?p  ,pap  »npmrt  T 
D'jna  mm  :  i"»  PPHP  :  K"yi  D"D  K^VO 
:  mo  'B  noo  :n"o  —  ro  ma  :  VQ  'B 
,npmn  T  P'y  :  a"3i  3"a  OP  ;  'a  ppnp 
/n  D"B  .onay  ,pap 

a  pns 


,nptnn 


;  'n  mwn  :  t"»  top  npio  ;  'a  a"B 
KVO  «33  ;  t"o  niao  :  rop  KV 


:  '3  —  '«  n"B 


>    ;  J"B   nt?    ;  t"? 
ro  mso  ;  'a  n"B 


33  :  n"'  «yvo  K33  :  D"iay  rvsi 
;  T'D  DB'  :  n">  mynt?  :  'v  mama  ;  t"jp  DB» 
a"B  »iyoai  jyio  /D'OB^D  ,nptnn  T  :  n"o  ot? 
K^n3  «33  :  ro  niyist?  :  ri  K^VD  «33  :  'a 
ot?  :  3"o  ot?  :  n"?  DK»  ;  3"?  DP  :  I"D  —  n"o 
:  t"y  nm33  :  3"3p  DP  :  '"p  —  n"p  DP  :  i"t3p 
:  K"3  DP  :  I"D  nnwa  :  3"op  «in3  «aa 
n"D  ni?nj  >O'DBPD  .nprnn  T  :  n"?  mo3' 
.K«IB  DP  :  J"M  a"'  ra  DP  :  '* 

T  P1B 

ninjo  :  r»  DP  :  a"?  DP  :  fo  pmnso 
:  n">   DP    :  v?   jmnjo    :  vy   ppnp    ;  n"o 
pvrnJD    ;  O"D    mj    :  a"p    DP    ;  n"p    n^D3' 
nmo  ;  '">  niynp  :  a"'  DP  :  'T  DP  :  n"D  —  I"B 
,D't3Dip     ,nprnn    T     :  v»     PIIHJD     :  T'o 
T    :  tj"o    p-nnjo    :  'a  —  '«    »n"B    »tniniD 
:  s"n  a"'  x"'  '»  »i"t3B  /DP  ,nprnn 
:  t"o  DP  :  r<  OP  :  a"a  mao   :  ro 
,npmn    T    :  VB    tmnao    :  'j    mion    ;n"a 


n  PIB 

:  ro  imnaD  :  ra  tap  iyio  :  'p  o*n: 
omat  :  ro  via  :  'n  nmna  ;  3"3 
»D'DBIP  »nptnn  T  ;  3"ap  T"I*  TID  ;  t"y 
nyio  ; '» — 'a  »"B  DP  p'y  ;  '3 — '«  T'B  »?3« 
.ninop  ;  n"a  OP  ;  a  "a  top 


1BD 

pia 


:  K"a  DP  :  I"DI  ro  DP  :  i"a  KDP  «33 
,t^DD  'pta  »nptnn  T  P'y  ;  to"'  DP  ;  n"1  DP 

«0p    K33     ;  DP    tiy    ?n3D31    V'3tO31    /O    3"D 

DP  ;  t"j  DP  ;  n"3  DP  :  V'Ji  'a  DP  :  D"D 
;  rro  imn:o  ;  'a  DP  :  K"D  —  'o  DP  ;  a"x 
:  '3  tmnao  ;  3"D  KOP  «33  :  K"D  «yvn  «3a 

—  n"'P  DP  ;  »"D  —  n"D  NOP  «33  ;  K"D  nmna 

—  H"D     K1H3     K33     I  K"D     WVO     N33     ;  D"V 

:  n"D  DP  :  I"B  pmnjo  ;  a"'p  KOP  «33  :  D"B 
;  a'"1?  xy^vo  K33  :  a"p  KDP  K33  :  t"a  DP 
;  'n  xyvo  K33  ;  a"3  «nn3  K33  :  n"3  pmnao 
;  a"?  ni3i"3  ;  T"D  —  a"B  HOP  «33  ;  i"3  DP 
pmnao  ;  K"V  DP  ;  i"D  DP  ;  i"3  KOP  «33 
T  :  t"?  ni3ins  ;  3"a  DP  ;  T'y  DP  ;  ry 
;  'K  ,VD  /psan  nn'OK'i  nvn  ,i'pna  >nptnn 
I'sny  :  K"B  NOP  K33  ;  V'o  DP  :  V'o  noio 
;  'ID  DP  :  «"a  p?in  ;  n"'  nni33  :  n"o 

—  3"?  «yvo  K33  ;a"n  n"D  nionn 


,pp'ta  ,napo  *ioa  t"y   ;  3"a  NDP  «33   :a"? 
/o  a"'B  PB:H  HTDPI  nxn 

3  PIS 

;  n"o  OP  :  ra  ppnp  .  B"D  K^VO  K33 
DP   :  3  "3  ppnp   ;  ro  tnro  «33   :  t"a  OP 
HOP   «33    :  n"y   DP    ;  T'B   Kina   K33    :  n"a 

;  T"B  —  1"D    K-ID3    K33    :  T"O    Ky'VO   K33    J  K"a 

a"B  ni'3o  /P:P  .nprnn  T  p'y  :  fa  ppnp 
;  n"o  xyvo  «aa  ;  ny  ?nao3i  V3K13  'D  —  'n 
«33  ;  V"*  PD'a  ;  T'op  nsp  :  n"3  ppnp 
:  n"op  «nna  K33  :  vp  DP  ;  n"y  —  ry  K^VD 

33     .  K»3    KV'VO    K33 


DP   p'yi    :  '3   n"'B 


»pap 


*)D3 


xyvo  «33  ;  PKPT  n"T  /'  ns?n  »napo  Tao3 
:  K"?  niynp  :  ra  DP  ;  3"a  ppnp  ;  o": 
—  a"v  nmna  :  i"»  wyvo  «33  :  'n  «op  was 
:t3"a  Ptra  ;  ro  syvo  «33  :  ;" 


to  s -i  j  r 


Xlll 


a  nao 

mny  ;  J"B  »nnoo  rD'oBit?  /nprnn  "p  ;  n"3 
:V?  mjnasp  ;  a"j  DC-  ;  va  piinjo  ;  V'3  mt 
pe»np  ;  n"B  p-nruo  ;  3"3  nioa'  ;  r?  pfc>np 

;  '3     DB>     ;  K"y  —  'y     05?     ;  3"D     tmHJD     :  '? 

;  n"a  KOP  «nn  :  'n  ninna  ;  D^QIE'  'a  neo 


PK    H"T    Dt?    T"3T13    P'Pl     I     l    H3?n    DE»    P'J? 

HDID  ;  «"'  nmin  ;  'ts  m?n  »DK>  ;  PTDJ,*D 
Dt?  :  s"3  DC'  :  n"'  pnruo  ;  K"O  DB'  ;  n"' 
:  a"Kii  T'B  fD'D?o  fD'tsfiw  »nptnn  T  :  ry 
/tje*  .nptnn  T  ;  spy  'B  nBD  :  'a  p*nnjo 
panp  ;  t3"'  nat?  ;  N"X  NDP  toa  ;  n"n  n"D 


T3, 


ny 


nmna   ;  '?  mynf   ;  O'^B  »p-nnjD 

n^  ;  'y  pcmp  ;  T'3  nnisa  ;  i"3  n3K»  ;  n"p 

.T'D  DC'  ;  'n  pnruD  ;  3"'p  xyxo  »<33  ;  a"» 


n  PIS 

:  n"'  pvinjo  ;  '?  niyuc'  ;  3"? 


:  K"OI  'D  p-nn:o  ;  ?ru  ins  n"T  »«"B  /nny 


:    ;  t"n  oe>   ;  «" 

»nptnn  n11  ;  K"3  nums  ;  'i  ni3D 
;  n"B  KOP  «33  ;  n"3  nmna  ;  'a  ra  .nny 
:D"D  ma  ;n"3  tmnjo  ;  3"3  po'j  ;  3"3  n"~ 
pnnJD  :  '?  niyut?  ;  n"3  tmnjo  ;  «"ff  PO" 
,0'BDit?  .nptnn  T  ;  'n  nwo  ;t3"3  esr  :  i": 
:  't  mt  muy  ;  vs  pnruD  ;  'a  3"fl  .nny 


COMPEND 


BOOK    I. 

CHAPTER    I. 

Existence  of  God  —  Monotheism  —  Lore  —  Fear  —  Sanctification  — 

Prophecy— Polytheism— 1_6 

CHAPTER    II. 

Ways   of    God  — Conduct    of   Righteous— Neighbors— Strangers— Be-        6—11 
buke— Hatred — Widows— Orphans— Sycophancy — Rerenge — 

CHAPTER    III. 
Triple  Crown  —  Toraa  —  Study  —  Instruction—  Elders—  Babbis— Moral 

Forces 11—16 

CHAPTEB     IT. 

Mind— Heart— Eyes— Belief— Idolatry— Superstition— Warnings 15—22 

CHAPTER    Y. 

Prayerg— Shema — Benediction— Grace— Repentance 22—28 

CHAPTER    TI. 
Tokens  —  Body  —  Dwelling  —  Mind— Tephilin  —  Talith— Mezuzah— CIr- 

enmcision— Sopher-Torah 29— S2 

BOOK     II. 
CHAPTER    I. 

Sabbath  —  Immutability  —  Holiness  —  Joy  —  Honor  —  Best— Principal 

Laws— Work— Domicile— Premises 88—88 

CHAPTER    II. 

New-Year—Long  Day-  Shophar— Atonement— Fasting— Significance- 
Laws  .  88—48 


COMPEND  XT 

CHAPTER    III. 

The  Three  Festivals— Leaven— Unleaven— Seder— Philosophy  of  Hi§- 
tory— Feast  of  Firstfruit— Revelation— >oahin  Commandments— 
Decalogue— Booths — Four  Kinds — Eclesiates 43—68 

CHAPTER     IV. 

New-Moon— Intercalation — Hannkah— Fast   of   Esther— Purim— Four 

Fast  Days— Seven  Rabbinical  Commandments 53—58 

BOOK    III. 

CHAPTER    I. 

Jewish  Method  of  Slaughter— Sinaitic  Origin— Physiological,  Eco- 
nomical and  Hygenic  Yiew-Points— Scientific  and  Judicial  Ap- 
proval—Laws   59—69 

CHAPTER    II. 

Meat    Inspection  —  Historical  Views  —  Science  —  Judaism— Different 

Forms  of  Trephah— Dangerous  Diseases 63—69 

CHAPTER    III. 

Forbidden  fruit— Annimal  Kingdom— Identification  of  Clean  Groups- 
General  and  Special  Laws— Milk  and  Flesh— Lithium— Totemism.  69—85 

CHAPTER    IV. 

Prevention    of   Cruelty  —  Blood  —  Bird's  Nests  —  Annimal    and   Its 

Young— Anti-Semitic  Attacks— Halifax  Sh  eh  it  ah  Trial 85—92 

CHAPTER    V. 

Marriage— Dower— Womans's  Rights— Matrimonial  Status— Helizah— 
Wronged  Woman— Sotah— Divorce— Grounds— Relatives  Forbid- 
den to  Intermarry 92—101 

CHAPTER    VI, 

Tows— Forbidden— Holy— Nazir— Oath— Estimate  Value — Devote  Pro- 
perty—Absolution—Silent Lishka 102-106 

BOOK     IV. 
CHAPTER    ,1. 

Heave-offerings— Tithes— Rights  of  Property— Priests,  Levites  and 
Poor— System  of  offerings  and  Sacrifices— Confession  of  Tithes— 
Firstfruitg— Firstlings-Scientific  Charity 107—114 


COMPEND 

CHAPTER     II. 

The  Sabbatical  and  Jnbile  Tears— Prescription— Rest  of  Land— Dl- 
riafon  Of  Palestine— First  Shemita  In  History— Levite's  Share. . . 

CHAPTER    III. 

Construction  of  Temple — Priesthood— Sacrifices— Unoleanness — Puri- 
fication-Outline of  Principal  Laws 119— 136 

CHAPTER    IT. 

Mourning— Extension  of  Period—  Seven  Relative*— General  Laws....  137—140 

BOOK    V. 

CHAPTER     I. 
Criminal  Lans-Private  Delicts  Considered  Public  Crimes— Principal 

Laws Ul— 149 

CHAPTER     II. 

Commercial  and  Social  Jurisprudence— Servants— Slaves— Unionism.  149—157 

CHAPTER     III. 

Labor  —  Creditor    and    Debtor  —  Trustees  —  Wills  —  Inheritance- 
Procedure 157-165 

CHAPTER    IT.] 

Sanhedrin-Its   Powers 165—169 

CHATER    Y. 
E  videace  -Rebellion  -Kiafs- Wars  -Messiamie  Era 1 70—1 76 


BOOK   I 


ran* 

CHAPTER   I 

rrnnn  mo* 


THE  FOUNDATION  OF  JUDAISM  RESTS  UPON  SIX 

MANDATORY  AND  FOUR  PROHIBITIVE 

COMMANDMENTS 

(1)  "I  am  the  Lord  thy  God."    (Exod.  xx.  2.) 

The  whole  system  of  religious,  moral,  social,  ethical  and  philosophical 
doctrines  of  Judaism  is  based  upon  what  the  words,  "I  am  the  Lord  thy 
God,"  imply.  From  these  words  we  know  that  there  is  a  God  ;  and  that 
the  implied  commandments  are  :  To  believe  that  God  exists  ;  that  He 
called  into  being  all  that  which  exists  ;  that  He  is  Omnipotent  and  Omni- 
present ;  and  that  time,  space,  matter,  fire,  water,  air  and  clay  are  wit- 
nesses of  His  Infinite  Truth. 

We  can  no  more  countenance  atheism  than  we  could  uphold  a  hy- 
pothesis, for  example,  that  the  Torah  is  the  result  of  so  much  ink  spilled 
upon  so  many  sheets  of  paper. 

(2)  "Hear,  O  Israel,  the  Lord  our  God  is  one  God."    (Deut.  vi.  4.) 
Monotheism  is  the  outstanding  doctrine  of  Judaism.    The  Unity  of 

God  is  perfect  and  true.    The  completeness  of  every  creature,  the  scien- 


2  GUIDE    OF    JUDAISM 

tific  regularity  of  the  entire  planetary  system,  the  beauty  and  harmony  of 
the  cosmos  are  positive  evidence  that  the  world  is  the  creation  of  One 
Intelligence. 

God  is  Incorporeal.  He  can  not  be  localized.  The  prophets,  at  times, 
spoke  of  God  as  possessing  organic  features ;  but  this  figurative  way  of 
describing  God  was  used  so  as  to  make  the  teachings  or  warnings  clearer 
to  the  human  mind,  which  conceives  things  as  being  composite. 

(3)  "Thou  shalt  love  the  Lord  thy  God  with  all  thine  heart,  and 
with  all  thy  soul,  and  with  all  thy  might."  (Ibid...vi.  5.) 

Our  conduct  is  but  a  means  to  an  end — to  get  the  good  in  life.  But 
the  good  must  also  be  true.  The  evildoer  has  the  good  in  view,  but  his 
conduct  is  entirely  false.  The  self-sacrifice  of  the  just  person  is  admit- 
tedly painful,  but  his  conduct  is  true.  To  establish  the  equilibrium  of 
acts  and  results,  the  element  of  love  must  also  be  a  force  in  conduct.* 

Instinct  regulates  the  conduct  of  the  lower  animals,  because  it  only 
helps  to  control  the  movements  of  the  animal's  organism,  which  thus 
safeguards  self-preservation.  Judaism  refuses  to  tolerate  the  idea  that 
man,  in  his  conduct,  has  the  same  end  in  view. 

There  is  a  way  of  employing  the  whole  organic  system,  and  regulate 
every  movement,  for  a  spiritual  as  well  as  for  a  physical  purpose.  Such 
way  is  discovered  by  self-effacement,  which,  in  turn,  is  discovered  by  re- 
membering how  insignificant  a  particle  man  forms  in  the  make-up  of  the 
universe.  The  result  of  such  searching  investigation  of  self  will  be  a 
willingness  to  be  of  service  and  of  a  longing  to  express  that  feeling  of 
love  of  which  only  a  higher  intelligence  is  capable. 

To  that  end  we  were  commanded  to  love  God,  even  if  such  love  de 
mands  a  literal  self-sacrifice.     For  only  such  conduct  leads  to  the  real 
good  which  is  also  true.    By  making  our  physical  elements  subservient  to 
the  spiritual  within  us,  we  may  reach  the  goal  of  proper  conduct  which 
was  intended  for  man.* 

»  See  Spencer'*  Data  of  Ethics. 
•  See  Ibid. 


GUIDE    OF    JUDAISM  3 

(4)  "Thou  shalt  fear  the  Lord  thy  God."    (Ibid.  vi.  13 ;  x.  20.) 
Where  love  fails  as  an  element  of  true  conduct,  fear  might  come  to 

man's  rescue  in  moments  of  perplexity  and  weakness.  Our  acts  are 
always  performed  in  the  presence  of  God.  Sins  are  seldom  committed  in 
the  presence  of  man,  for  fear  is  the  common  element  which  prevents  it. 

For  the  protection  of  society,  criminals  are  punished.  At  the  lower 
stages  of  civilization  society  interested  itself  but  very  little  with  individual 
crimes.  The  punishments  were  generally  inflicted  either  by  the  victimized 
individuals  or,  as  in  case  of  murder,  by  the  victims'  relatives.!  It  has 
taken  many  generations  of  gradual  development  to  realize  that  the  sta- 
bility of  society  as  a  whole  depends  upon  the  safety  of  every  individual 
member  thereof. 

God  will  not  tolerate  sin,  nor  forgive  the  sinner.  Even  therein  the 
weight  of  this  commandment  is  to  be  noted,  for  retribution  is  certain  to 
follow. 

(5)  "But  I  will  be  hallowed  among  the  children  of  Israel;  I  am 

the  Lord  which  hallows  you."    (Lev.  xxii.  32.) 

The  greatest  moment  in  history  is  the  Revelation  upon  Sinai,  and  the 
shining  feature  of  that  event  is  the  people  of  Israel.  To  an  insignificant 
minority  of  the  then  existing  races,  to  a  homeless  host  of  ex-slaves,  God 
entrusted  the  treasured  heritage  of  mankind,  the  Torah,  and  charged  it  to 
become  a  kingdom  of  priests,  and  an  holy  nation. 

From  his  very  dramatic  appearance  upon  the  scene  of  the  world's 
history,  Israel  was  subjected  to  the  closest  scrutiny.  He  gave  the  Torah 
to  the  world  and  conquered  the  soul  of  humankind ;  but  at  what  cost ! 

Our  fathers  undertook  to  be  an  holy  nation,  and  we  must  continue  as 
such  or  become  extinct.  We  are  still  pointed  out  as  the  God-chosen 
people.  Even  our  ancient  home  is  yet  known  as  the  Holy  Land. 

We  must,  therefore,  submit  to  the  world's  criticism ;  for  we  must  do 
better,  live  purer,  and  be  better  than  others.  We  must  hallow  the  name 

t  Ancient  Roman  Jurisprudence. 


4  GUIDE    OF    JUDAISM 

of  God.    Such  indeed  is  the  force  of  the  commandment  which  is  implied 
in  the  words,  "But  I  will  be  hallowed  among  the  children  of  Israel/' 

(6)  "The  Lord  thy  God  will  raise  up  unto  thee  a  prophet  from  the 
midst  of  thee,  of  thy  brethren,  like  unto  me;  unto  him  ye 
shall  hearken."  (Deut.  xviii.  15.) 

Moses  was  the  greatest  of  all  prophets.  All  other  Jewish  prophets 
were  the  messengers  of  God,  at  given  times,  to  communicate  His  will  to 
the  people  upon  earth. 

This  commandment  charges  us  to  believe  in  the  prophets  and  in 
prophecy. 

A  true  prophet  was  known  by  the  nature  of  his  teachings.  If  he 
advocated  the  permanent  suspension  of  even  one  law  of  the  Torah,  he 
was  a  pseudo-prophet. 

After  the  Revelation  upon  Sinai,  no  prophet  was  ever  delegated  to 
advocate  the  suspension  of  any  of  the  immutable  laws  of  the  Torah.  Con- 
trariwise, the  prophets  were  sent  to  enforce  them. 

(7)  "Thou  shalt  have  no  other  gods  before  me."  (Exod.  xx.  3.) 
This  commandment  forbids  the  belief  in  any  religion  which  tends  to 
establish  the  worship  of  a  deity  selected  from  either  human  or  superhu- 
man beings ;  or  which  accepts  the  doctrine  that  God  shares  His  powers 
with  another,  or  with  others ;  or  which  denies  in  any  form  whatever  the 
perfect  Unity  of  God. 

There  are  three  commandments  in  Judaism,  the  observance  of  which 
is  more  important  than  even  life  itself.  They  are:  (a)  Idolatry;  (b) 
Adultery;  (3)  Murder.  Hence,  the  many  sacrifices  which  the  people  of 
Israel  suffered  throughout  its  long  history  for  the  sake  of  preserving 
in  all  its  purity  the  doctrine  of  Monotheism. 

(8)     "Neither  shall  ye  profane  my  holy  name."    (Lev.  xxii.  32.) 
Profaning  the  name  of  God  includes  every  form  of  conduct  which  is 
not  godly.    The  Torah  is  both  remedial  and  preventive.    It  is  a  medicine 
of  life,  and  an  antidote  to  being  vanquished  by  the  evil  wrongs  of  life. 


GUIDE    OF    JUDAISM  5 

But  its  doctrines  are  positive ;  its  followers  must  be  active.  Negation  and 
passivity  are  foreign  to  it.  Every  action  must  be  a  result  of  a  sincere 
motive,  and  its  aim  must  be  toward  a  just  end.  Even  a  righteous  end 
must  not  be  obtained  by  foul  means. 

Every  action  contrary  to  these  rules  is  a  profanation  of  the  name 
of  God. 

(9)  "And  ye  shall  hew  down  the  graven  images  of  their  gods,  and 

destroy  the  name  of  them  out  of  that  place.     Ye  shall  not 
do  so  unto  the  Lord  your  God."    (Deut.  xxii.  3-4.) 

This  commandment  refers  to  the  images  and  idols  of  the  ancient  in- 
habitants of  Canaan.  There  are  no  such  idolatrous  practices  among  the 
Christians  or  Mohammedans,  and  it  is  forbidden  to  destroy  any  thing, 
book  or  place  upon  which  the  name  of  God  appears,  even  though  they 
were  made,  written,  or  set  up  by  non-Jews. 

But  this  commandment  has  a  far  deeper  significance.  The  theories 
of  the  Atheists,  Pantheists,  and  Evolutionists  of  some  schools  destroy  the 
name  of  God  in  all  their  teachings.  After  the  Torah  has  taken  hold  of 
the  savage  heart  and  mind  and  caused  them  to  feel  and  think,  some  of 
the  scientists  come  and  remove  the  name  of  God  from  the  path  which 
leads  to  progress. 

(10)  "Ye  shall  not  tempt  the  Lord  your  God."    (Ibid.  vi.  16.) 

God  never  performs  miracles,  if  the  object  in  view  is  naturally  pos- 
sible. Our  belief  in  Moses  is  not  due  to  the  miracles  he  performed.  They 
were  timely  necessities.  The  evidence  of  true  prophecy  is  not  the  number 
of  miracles  it  brings  about.  The  true  prophet  is  recognized  by  his 
teachings. 

Where  the  natural  ends,  the  spiritual  begins.  Even  the  great  scien- 
tists are  yet  far  off  from  that  boundary-line. 

God  will  not  change  the  course  of  nature  for  the  sake  of  convincing 
the  infidel.  Neither  will  He  destroy  the  sun,  or  the  moon,  or  the  stars  to 
convince  those  who  believe  them  to  be  gods.  Nature  will  take  its  course, 


6  GUIDE    OF    JUDAISM 

the  world  will  go  on  as  it  was  intended,  but  the  fools  who  did  wrong  will 
have  to  give  an  accounting. 

Judaism  does  not  own  a  fixed  set  of  creeds;  but  Maimonides  and 
Joseph  Albo  have  compiled  Articles  of  Faith,  based  upon  the  command- 
ments enumerated  in  this  chapter. 

The  Articles  of  Maimonides  are:  (a)  Existence  of  God;  (b)  His 
Unity;  (c)  He  is  Incorporeal;  (d)  He  is  Infinite;  (e)  He  must  be  wor- 
shipped; (f)  Belief  in  prophecy;  (g)  Moses  was  the  greatest  prophet; 
(h)  Torah  was  given  upon  Sinai;  (i)  Immutability  of  the  Torah;  (j) 
God's  foreknowledge  of  men's  conduct;  (k)  Retribution;  (1)  Coming  of 
the  Messiah ;  (m)  Resurrection. 

The  Articles  of  Joseph  Albo  are :   (a)  Existence  of  God ;  (b)  Revela- 
tion; (c)  Retribution. 

CHAPTER   II 

rnjm  nno 

THE  PRINCIPLES  OF  ETHICS  ARE  BASED  UPON  FIVE 

MANDATORY  AND  SIX  PROHIBITIVE 

COMMANDMENTS 

(i)  "The  Lord  shall  establish  thee  an  holy  people  unto  Himself,  as 
He  hath  sworn  unto  thee,  if  thou  shalt  keep  the  command- 
ments of  the  Lord  thy  God  and  walk  in  His  ways."  (Deut. 
xxviii.  9.) 

We  are  commanded  to  walk  in  the  ways  of  God.  God  has  no  rules 
of  conduct  that  we  may  copy  or  comprehend.  But  we  may,  with  our  owr 
limitations,  draw  proper  conclusions  as  to  what  God  may  consider  good 
conduct.  The  first  principle  in  ethics  by  which  to  be  guided  is  purity  of 
purpose. 


GUIDE    OP    JUDAISM  7 

In  man,  the  whole  system  of  life  in  the  universe  is  mirrored  in  minia- 
ture ;  in  fact,  man  is  a  miniature  cosmos.*  We,  therefore,  believe  that  man 
was  created  in  the  image  of  God.  Of  all  the  billions  of  human  beings 
who  were,  are,  or  will  be,  no  two  specimens  were,  are,  or  will  be  alike, 
either  physiognomically  or  psychologically.!  But  there  must  be  a  com- 
mon ground  of  understanding  between  men,  since  it  is  in  their  nature  to 
live  in  groups  and  to  aspire  to  a  social  existence,  and  since  our  social 
existence  depends  upon  this  common  ground  of  understanding. 

By  observing  everything  around  and  above  us,  we  may  find  the  right 
path  of  ethical  conduct.  Every  planet  has  its  duty,  and  continually  travels 
in  its  orbit.  It  is  not  in  the  nature  of  Mars  to  deviate  to  the  orbit  of 
Saturn. 

The  senses,  feelings,  and  love  of  life  in  every  human  being  form  the 
common  ground  of  mankind.  But  in  individual  characteristics,  as  well  as 
aspirations,  all  men  vary.  The  mental  make-up  of  the  first  man  who 
wished  to  be  king  was  certainly  different  from  the  mental  make-up  of  the 
first  grave-digger,  although  as  a  means  to  an  end  both  served  a  purpose. 
But  it  would  not  be  for  the  benefit  of  organized  society  that  every  man 
shall  be  either  a  king  or  a  grave-digger. 

The  ways  of  God  are  manifest  beneath,  around  and  above  us.  In  the 
fiercest  animal  we  find  love ;  in  the  smallest  creature  we  find  thrift ;  in  the 
regularity  of  nature  we  find  moderation.  Through  all  the  works  of  God, 
love,  mercy,  kindness,  forgiveness,  truth  and  justice  are  shining. 

(2)  "And  to  Him  shalt  thou  cleave."  (Ibid.  x.  20.) 
The  goal  of  life,  in  so  far  as  man  can  divine  it,  is  righteous  living. 
Every  step  leading  to  that  goal  must  be  taken  upon  a  well-defined  path. 
Such  path  is  frequented  by  the  just  and  upright  among  man.  Men  are 
born  equal  in  their  natural  desires.  Their  instincts  are  alike.  Mentally 
and  spiritually  they  differ.  Moreover,  every  individual  child  must  be 
trained  in  order  to  develop  its  mentality.  And,  while  not  every  human 
being  is  capable  of  becoming,  for  instance,  a  great  singer,  he  is,  never- 
theless, able  to  acquire  the  rudiments  of  proper  conduct.  He  may  accom- 
plish the  aim  of  his  humble  life  by  copying  the  ways  of  the  just  and 

•  See  Ikrim  by  Albo. 
tSee  Berohot,   58. 


8  GUIDE    OF    JUDAISM 

upright  members  of  society.  By  so  doing-,  every  individual  conduct  be- 
comes part  of  the  wisdom  of  God,  to  which  organized  society  must  cleave, 
and  without  which  its  existence  will  not  be  based  upon  that  moral  force 
which  is  intended  to  secure  its  perpetuity. 

(3)  "But  thou  shalt  love  thy  neighbor  as  thyself."     (Lev.  xix.  18.) 

An  organized  community  derives  its  strength  from  the  moral  force  of 
its  individual  members.  Tyranny  takes  the  State  in  its  grasp  only  when 
real  fellowship  among  the  individuals  is  absent.  The  right  of  every  mem- 
ber of  society  to  his  person,  his  property  and  his  honour  is  best  safe- 
guarded when  the  whole  social  structure  is  built  upon  a  foundation  of 
neighborly  love. 

The  force  of  love  will  break  every  wall  which  separates  mankind 
from  the  region  of  true  happiness.  But  its  real  strength  lies  not  in  the 
artificial  machinery  which  directs  organized  society;  its  source  must  be 
discovered  in  the  hearts  of  the  most  humble  members  thereof. 

(4)  "Love  ye  therefore  the  stranger ;  for  ye  were  strangers  in  the 

land  of  Egypt."      (Deut.  x.  19.) 

There  are  four  elements  which  compose  the  primary  causes  of  inter- 
racial and  international  strife.  They  are:  (a)  colour;  (b)  speech;  (c) 
custom;  (d)  religion.  Each  group  of  the  human  family  endeavors  to 
impose  what  it  considers  best  upon  the  rest  of  the  population  of  the  world. 
The  result  is  everlasting  wars.  Even  the  high  polish  of  civilization  failed 
to  make  men  gocd  neighbors.  Government  and  science  could  not  group 
the  nations  as  one  human  family. 

To  the  member  of  another  race,  or  nation,  our  love  must  be  twofold : 
(a)  because  we  must  love  him  as  our  fellow-being;  and  (b)  because  he  is 
a  stranger.  Upon  such  foundation  must  international  justice  be  built. 
Individuals,  like  nations,  have  their  likes  and  dislikes,  their  ambitions  and 
pretences ;  the  same  force  must  regulate  the  conduct  of  both. 

(5)     "Thou  shalt  in  any  wise  rebuke  thy  neighbor."    (Lev.  xix.  17.) 

Truth  is  a  stranger  to  both  flattery  and  secret  diplomacy.    Candor  is 

the  mother  of  colorless  morality.    Flattery  leads  to  deceit ;  deceit  leads  to 

falsehood:  falsehood  leads  to  hatred:  hatred  is  the  inevitable  cause  of 


GUIDE    OF    JUDAISM  9 

ruin.  Secret  diplomacy  leads  to  apprehension ;  apprehension  leads  to 
counteraction ;  counteraction  leads  to  distrust ;  distrust  leads  to  prepara- 
tion ;  preparation  leads  to  jealousy,  which  is  the  inevitable  cause  of  war. 

The  greatest  amount  of  good  upon  earth  was  produced  by  open- 
heartedness ;  and  the  greatest  amount  of  evil  upon  earth  was  produced  by 
hypocritical  tongues.  Even  though  we  know  that  our  frank  criticism  will 
turn  the  wrath  of  our  fellow  upon  us,  we  must  not  refrain  from  calling 
his  attention  to  his  wrong  conduct.  At  times  we  are  bound  to  brave  even 
bodily  harm  in  order  to  save  a  fellow  from  evil.  In  the  end  such  conduct 
will  bring  double  result :  (a)  the  usefulness  of  a  fellow  to  society ;  (b)  his 
gratitude. 

(6)     "Thou  shalt  not  hate  thy  brother  in  thine  heart."     (Ibid.) 
All  good  that  love  creates,  hatred  struggles  to  destroy.    Hatred  might 
be  a  good  attribute  when  directed  against  crime,  sin,  or  evil-doing.    Which 
explains  the  reason  of  its  presence  among  our  other  attributes. 

It  is  not  sufficient  to  refrain  from  exhibiting  hatred  by  violent  ac- 
tions ;  it  must  not  exist  at  all.  The  causes  of  hatred  may  be  removed  by 
pursuing  a  course  of  unselfish  conduct  toward  our  fellows.  The  greatest 
wrong  perpetrated  by  others  against  us  can  do  us  no  more  harm  than 
making  our  hearts  an  abode  for  hatred,  which  is  a  destructive  element, 
poisonous  to  the  body,  and  fatal  to  the  soul.  Hatred,  indeed,  does  cause 
physiological  and  psychological  changes,  and  thus  injures  our  health. 

(7)     "But  suffer  no  sin  against  him."    (Ibid.) 

In  our  endeavors  to  be  of  service  to  society,  we  must  first  ascertain 
if  such  service  is  useful.  The  test  of  it  all  is — improvement.  For  the 
sake  of  society  we  were  commanded  to  reprimand  our  fellow,  if  he  does 
wrong.  But  it  does  not  follow  that  we  may  slander  him,  or  denounce  him 
publicly,  or  make  him  feel  that  his  conduct  is  overburdened  with  sin.  The 
words  of  the  wise  must  come  forth  calmly.  Then  they  are  best  under- 
stood and  listened  to. 

The  prophets,  when  they  denounced  the  evildoers  of  their  day,  did  so 
against  the  enemies  of  God,  which  were  then  undermining  the  very  exist- 


10  GUIDE    OF    JUDAISM 

ence  of  the  strongest  organized  moral  force.    A  public  enemy  can  not  be 
too  severely  dealt  with. 

(8)  "Ye  shall  not  afflict  any  widow,  or  fatherless  child."     (Exod. 

xxii.  22.) 

Human  nature,  in  the  unthinking  individual,  as  well  as  in  the  mis- 
guided nation,  is  so  weak  that  it  ever  chases  the  easiest  prey.  The  minor- 
ity, the  weak,  and  the  poor  are  usually  the  victims  in  a  poorly  organized 
State. 

It  is  cowardice  to  overlook  the  downtrodden. 

God  is  the  Father  of  orphans  and  the  Judge  of  widows.  In  our 
dealing  with  them  we  must  consider  what  would  be  right  in  His  sight. 
The  test  of  real  courage  is  not  what  we  accomplish  with  might,  but  what 
we  accomplish  with  right. 

(9)  "Thou  shalt  not  go  up  and  down  as  a  talebearer  among  thy 

people."    (Lev.  xix.  16.) 

A  sycophant  is  worth  to  be  cast  to  the  dogs.  The  talebearer  is 
morally  responsible  for  poisoning  three  souls:  (a)  his  own;  (b)  the  lis- 
tener's; (c)  the  subject's.  Talebearing  is  more  heinous  than  the  three 
crimes  of  idolatry,  adultery  and  murder. 

The  enormity  of  the  crime  is  not  diminished  even  though  the  tale  be 
true. 

Defaming  one  with  an  untruth  means  to  rob  him  of  his  soul,  which 
is  the  immortal  part  of  God  within  him.  Talebearing  is  more  than  a  dis- 
ease: it  is  a  plague.  Leprosy  should  no  more  be  dreaded  than  the  ap- 
pearance of  the  talebearer  or  slanderer.  An  evil  tongue  is  the  issue  of  a 
false  heart.  A  true  heart  will  never  transmit  poison  to  the  tongue.  Truly, 
life  and  death  lodge  at  the  edge  of  the  tongue. 

(10)  "Thou  shalt  not  avenge."     (Ibid.  xix.  18.) 

Forgiveness  is  the  offspring  of  love  and  mercy.  We  can  suffer 
nothing  by  forgiving  wrongs  committed  against  us,  not  even  the  ill-will 
of  the  wrongdoer. 


GUIDE    OF   JUDAISM  H 

Even  a  mild  rebuke,  when  we  bestow  a  favour  upon  a  fellow  who, 
under  similar  circumstances,  refused  us,  is  not  proper  conduct. 

In  punishing  criminals,  we  must  not  do  it  from  a  motive  of  venge- 
ance. Punishment  is  dealt  out  for  the  safety  of  society  as  a  means  ;  but 
the  end  in  view  must  be  a  corrective  measure  for  the  criminal  himself. 

(ll)     "Nor  shalt  thou  bear  any  grudge  against  the  children  of  thy 
people."     (Ibid.) 

To  bear  a  grudge  against  a  former  enemy  and  watch  when  he  be  at 
a  disadvantage  to  strike  with  full  force,  might  be  a  rule  of  Satanic 
diplomacy.  We  should  never  harbor  such  thoughts. 

After  forgiving  our  enemy,  we  must  not  leave  a  trace,  either  of  the 
cause  or  of  the  matter,  linger  in  our  hearts. 

These  constitute  the  rules  of  conduct  for  the  followers  of  the  laws  of 
Judaism  —  a  religion  which  is  the  fountain  of  life. 


CHAPTER   III 

—  mm 


TWO    MANDATORY    COMMANDMENTS    CHARGE    US    TO 

STUDY  THE  TORAH,  AND  HONOUR  THE  ELDERS 

WHO  GLORIFY  IT 

(i)  "And  thou  shalt  teach  them  diligently  unto  thy  children." 
(Deut.  vi.  7.) 

The  people  of  Israel  had  inherited  a  Triple  Crown:  (a)  Priesthood  ; 
(b)  Sovereignty  ;  (c)  Torah.  In  diaspora,  priesthood  and  sovereignty 
are  only  sacred  traditions  glorifying  the  historic  houses  of  Aaron  and 
David.  But  the  Torah  was  given  to  all  Israel,  for  all  generations.  It  is 
the  most  valuable  jewel  in  the  Triple  Crown.  Priesthood  and  Sovereignty 
were  the  shell  and  the  Torah  the  kernel  of  the  ancient  culture  of  Israel. 

The  nations  succeeded  in  destroying  the  Temple,  wherein  the  Priest- 


12  GUIDE    OF    JUDAISM 

hood  was  segregated ;  they  have  also  annexed  the  sacred  territory  over 
which  Sovereignty  was  supreme;  but  they  could  not,  even  with  the  aid 
of  all  means  of  destruction  and  barbarism,  erase  one  iota  of  the  Torah. 

Without  a  country,  without  a  government,  even  without  a  common 
language,  scattered  throughout  the  five  continents  among  heterogeneous 
races,  the  people  of  Israel  is  still  found  immune  from  destructibility. 
Philosophy,  history  and  science  fail  to  account  for  the  phenomenon.  The 
only  explanation  possible  is  the  one  revealed  in  the  Truth  of  the  Torah. 
As  long  as  there  is  a  father  who  teaches  his  son  the  Truth  of  the  Torah, 
the  generations  of  Israel  will  not  be  interrupted. 

The  ancient  Rabbis,  even  while  the  Temple  was  still  in  flames,  recog- 
nized the  everlasting  truth  of  the  commandment,  "And  thou  shalt  teach 
them  diligently  unto  thy  children." 

Wood  and  stone  can  be  replaced ;  in  time  even  a  country  can  be  recon- 
quered ;  but  a  nation  which  loses  its  soul  is  lost  forever.  The  foresight  of 
the  Rabbis,  when  Rome  triumphed  over  Judaea,  in  inducing  Titus  to 
grant  them  Jabneh  as  a  home  for  the  Torah,  saved  the  Jewish  people  from 
total  extinction.  For  centuries  the  spiritual  life  of  the  whole  people  had 
been  centered  in  the  Temple.  Individuality,  in  and  for  itself,  did  not 
exist.  Judaism,  up  till  that  time,  was  an  objective  spirituality.*  The  in- 
troduction of  idolatry,  similar  to  that  which  followed  the  internal  dis- 
ruption between  Judah  and  Israel  during  the  First  Temple,  was  but  a 
step  away.  History  might  have  repeated  itself.  A  creative  force  became 
a  necessity.  Judaism  had  to  be  either  a  subjective  element  in  the  life  of 
the  individual,  or  doomed  to  sterility. 

It  was  the  Sanhedrin,  headed  by  ben  Zakkai,  which  created  the  great 
reform.  Prayers  took  the  place  of  the  sacrificials ;  the  Torah  was  made 
to  be  what  the  Temple,  the  priests,  and  the  kings  were  heretofore ;  the 
commandments  touching  the  life  of  the  people  in  the  Promised  Land  be- 
came the  object  of  academic  discourse ;  and  the  commandments  of  a  uni- 

*~Bee  Hegel's  Philosophy  of  History,   Judaea. 


GUIDE    OF   JUDAISM  13 

versal  character,  touching  the  individuality  of  every  person,  were  brought 
forward  as  the  subject  of  everyday  life. 

The  loss  of  the  Ten  Tribes  was,  no  doubt,  due  to  the  inability  of  the 
then  spiritual  leaders  to  make  of  the  Torah  more  than  what  Spinoza  calls 
"a  rod  of  correction." 

The  present-day  reformers  are  only  returning  to  the  primitive  con- 
ception of  the  spiritual  objective  of  Judaism,  and  the  doom  of  their  doc- 
trine is  certain  to  come  about  before  long.  The  segregation  of  the 
entire  spirituality  in  the  modern  temple ;  the  introduction  of  what  they  call 
esthetics ;  the  denial  of  national  hope,  and,  at  the  same  time,  the  promise 
of  the  immortality  of  the  soul,  form  such  a  volume  of  conflicting  theories 
that  it  can  be  interpreted  to  mean  only  a  bed  of  roses  for  a  transition 
either  to  Unitarianism  or  Christian  Science.f 

Every  individual  must  pray,  study  the  Torah,  instruct  it  to  the  young, 
live  by  it,  die  for  it ;  otherwise  both,  the  Torah  and  the  people,  fail  to 
justify  their  continuity. 

Amidst  the  great  tragedy  we  find  the  Rabbis  not  in  tears,  but  full  of 
courage,  breaking  ground  for  a  new  and  lasting  foundation  upon  which 
was  built  the  edifice  of  Judaism  in  exile.  The  death  of  martyred  Rabbis 
only  increased  the  heroic  efforts  of  the  living  ones.  Death  at  the  hands 
of  tyrants  for  daring  to  pursue  the  study  of  the  Torah  was  but  an  incident 
in  a  day's  labour.  The  first  necessity  after  bread,  in  every  camp  of  the 

refugees,  was  a  school-room,  where  to  instruct  the  young  in  the  Torah. 

• 

After  the  supply  of  papyrus  from  Egypt  was  cut  off  by  Ptolmy,  and 

sheep-skin,  too,  was  scarce,  the  Rabbis  became  expert  net-hunters,  and 
upon  the  parchment  of  deer-skins,  acquired  by  means  of  net-hunting,  they 
wrote  the  Torah,  and  saw  to  it  that  the  young  were  properly  taught.* 

Moreover,  what  moral  force  the  Rabbis  were  able  to  exercise  was 
utilized  to  increase  the  number  of  schools.  A  community  without  a 


t  See  Reform   Platform,  Philadelphia,   1869. 
*  See   Baba  Meziah,   85. 


14  GUIDE    OF    JUDAISM 

school,  and  without  a  reason  for  not  having  one,  was  excommunicated,  or, 
as  some  interpreters  of  this  law  would  have  it,  was  literally  exposed  to 
destruction.  A  child  six  years  old  was  initiated  in  the  study  of  the  Torah. 
For  every  twenty-five  children  a  teacher  was  engaged.  In  order  to  get 
better  tuition,  children  were  suffered  to  walk  a  long  distance,  even  to  cross 
a  river,  if  it  could  be  done  safely. 

The  silvery  stream  alongside  the  crimson  ocean  of  Jewish  sufferings 
in  diaspora  is  the  observance  of  the  commandment,  "And  thou  shalt  teach 
them  diligently  unto  thy  children." 

(2)     "Before  the  hoary  head  shalt  thou  rise  up,  and  honour  the  face 
of  the  old  man."     (Lev.  xx.  32.) 

A  people  must  respect  its  leaders.  Particularly  a  people  which  has  no 
physical  force  to  create  such  respect.  Next  to  the  Torah  itself  comes 
the  honour  of  its  students.  Constituted  authority,  if  properly  honoured, 
safeguards  the  institution  for  which  it  was  authorized.  The  influence  of 
a  teacher  upon  his  pupils  is  commensurate  with  the  degree  of  respect  he 
is  able  to  command.  The  long  chain  of  uninterrupted  leadership  of  the 
Rabbis  throughout  the  tragic  history  of  the  people  of  Israel,  is  due  mainly 
to  the  mutual  respect  between  Rabbi  and  flock. 

For  many  generations  after  the  destruction  of  the  Temple,  the  Rabbis 
continued  to  support  themselves  by  the  toil  of  their  hands.  Possibly  be- 
cause it  was  a  more  commendable  way  to  do.  But  it  will  not  be  far  from 
the  truth  to  assert  that  they  did  so  because  of  the  fear  that  the  masses 
would  look  upon  them  as  a  second  priesthood.  In  all  history  there  can  be 
found  no  parallel  to  the  strength  of  character,  purity  of  purpose,  and 
spirit  of  self-sacrifice  of  the  spiritual  leaders  among  the  people  of  Israel. 

Neither  was  the  office  of  Rabbi  itself  essential  to  establish  divine 
authority  in  Israel.  Any  scholar  of  upright  conduct  was  considered  an 
authority,  and  his  opinion  was  respected. 


GUIDE    OF   JUDAISM  15 

The  learned  class,  while  meek  and  forgiving,  was  jealous  of  its  hon- 
our. Out  of  the  twenty- four  different  offenses  which  brought  about  ex- 
communication upon  a  member  of  the  Jewish  community,  the  dishonouring 
of  a  Rabbi,  or  leader,  or  elder,  heads  the  list.  When  the  honour  of  a 
Rabbi  was  publicly  attacked,  he  had  no  right  to  forgive,  unless  public 
apology  was  offered.* 

Without  a  government,  or  any  other  means  of  enforcing  their  edicts, 
the  Rabbis  continued  to  exercise  a  moral  influence  upon  their  flock  equal, 
if  not  superior  to,  any  other  leaders  who  had  the  forces  of  organized  so- 
ciety back  of  them.  The  opprobrium  of  the  Rabbi,  even  his  frown,  was 
considered  the  severest  form  of  punishment  possible  to  inflict  upon  a  mem- 
ber in  the  Jewish  community.  The  Rabbi  was  the  Torah  incarnate. 

The  destruction  of  Jerusalem  became  possible  only  after  there  was  no 
more  respect  for  the  learned ;  neither  will  the  resurrection  of  Jewish 
nationalism  come  to  pass  until  the  respect  for  the  Torah  and  its  exponents 
will  be  restored. 

Respect  for  the  "hoary  head  and  face  of  the  old  man"  will  make  the 
new  mould  of  Judaism  what  its  real  masters  intended  it  to  be. 

CHAPTER    IV 

niTDBD  rnjn  —  mr  nray 

IDOLATRY,  SUPERSTITION,  AND  ALL  FORMS  OF  IMPURE 

BELIEF  AND  PRACTICE  ARE  FORBIDDEN  BY 

TWO  MANDATORY  AND  FORTY-NINE 

PROHIBITIVE  COMMANDMENTS 

(l)     "And  that  ye  seek  not  after   (the  inclination)   of  your  own 

heart,  and  (the  delight  of)  your  eyes."     (Num.  xv.  39.) 
The  general  conduct  of  every  man  depends  upon  what  control  his 
mind  has  upon  his  heart  and  eyes.    In  order  that  all  three  should  be  har- 

*  See  Tad,  I — Talmud  Torah,  VI,  13. 


16  GUIDE    OF   JUDAISM 

monized,  the  mind  must  be  supreme.  Material  happiness,  admittedly  the 
object  of  all  human  conduct,  is  only  comparative.  The  degrees  of,  and 
the  elements  necessary  for,  complete  happiness  vary  according  to  the  de- 
velopment, status,  opportunity,  inclination,  and  organic  perfection  of  the 
individual.  All  these  are  determined  by  the  mind,  heart,  and  eyes.  What 
is  known  as  sentiment  might  be  a  manifestation  of  a  desire  of  the  heart 
without  regard  to  the  calculations  of  the  mind.  The  eyes  are  the  messen- 
gers of  the  heart.  Sometimes  they  are  its  enticers.* 

Ethical  philosophers  believe  that  every  form  of  conduct  is  a  means  to 
an  end,  the  end  being  the  good.  And  the  laws  of  biology  sustain  them, 
in  so  far  as  the  natural  inclinations  of  the  human  being  manifest  them- 
selves. Judaism  does  not,  as  a  religion,  deny  its  adherents  the  good  upon 
earth.  Contrariwise,  it  is  mainly  a  religion  of  life,  with  rules  of  conduct 
as  a  basis  of  true  happiness.  But  it  rejects  the  theory  that  all  efforts  of 
man  are  material,  and  for  material  ends  solely.f 

Since  the  days  of  Abraham,  who  was  first  to  recognize  the  Truth 
and  Unity  of  God,  Judaism  continues  to  be  a  spiritual  force  among  hu- 
mankind. Moreover,  its  doctrines  are  being  vindicated  as  the  generations 
change.  Man  has  worshipped  everything  under  the  sun,  from  the  largest 
planets  to  the  smallest  animals.  The  human  mind  wandered  continuously 
after  what  the  eye  saw  and  the  heart  desired.  Whether  in  natural  or 
supernatural  theories,  man's  mind  continued  to  change  its  course  from 
extreme  infidelity  and  extravagance  to  the  end  of  fanaticism  and  priva- 
tion and  vice  versa. 

Among  historical  facts  we  trace,  in  the  course  of  human  progress,  a 
strong  inclination  of  the  greatest  majority  of  all  races  to  follow  some  form 
of  belief.  In  religion  the  human  mind  is  more  conservative  than  in  any 
other  branch  of  human  knowledge.  Practically  all  laws  for  the  welfare  of 
society  had  a  religious  foundation  at  one  time  or  another.  Customs  were 

•  See   Pakuda's   Hobat    Halbobat. 
f  See  Spencer's  Data  of  Ethics. 


GUIDE    OF    JUDAISM  17 

inaugurated  and  became  permanent  features  of  a  people's  daily  life,  only 
after  the  seal  of  approval  by  the  religious  authorities  was  put  thereon. 
The  first  habits  and  customs  in  history,  before  man  had  the  knowledge  of 
making  a  home  better  than  a  cave,  or  a  hut,  were  products  of  religious 
ideas.  We  find  instances  of  the  truth  thereof  as  early  as  the  Neolithic 
Period* 

But  all  the  religious  ideas  of  the  ancients  were  a  mass  of  supersti- 
tion, the  chief  features  being  based  upon  the  desire  of  accomplishing  ends 
which  could  not  be  accomplished  with  the  physical  means  at  their  dis- 
posal. The  waste  of  human  ingenuity  upon  the  fields  of  idolatry  and 
superstition  is  remarkable.  In  order  to  find  a  method  of  predicting  the 
future,  many  races,  chief  among  them  the  Etruscans,  invented  a  science 
called  "extispicium,"  which  consisted  of  examining  the  entrails,  particu- 
larly the  liver,  of  sacrificed  animals !  f 

Against  all  such  practices  and  beliefs,  the  Torah  cautioned  Israel, 
commanding  even  the  extinction  of  the  inhabitants  of  the  ancient  races  of 
Palestine,  which  was  to  become  the  seat  of  pure  reasoning  and  true  re- 
ligion. 

And  although  most  of  the  commandments  regarding  idolatry,  its  wor- 
shipers, and  its  exponents  were  timely  precautions  and  preventives,  some 
of  them,  at  least,  have  a  permanent  value.  With  Christian  Science,  Spir- 
itualism, Mormonism,  and  some  other  isms  in  the  ascendancy,  the  laws 
forbidding  all  forms  of  superstitious  practices  are  of  particular  interest 
and  value  even  in  modern  times. 

The  text  of  the  Torah  is  followed  in  quoting  each  commandment, 
with  only  a  v/ord  here  and  there  explaining  the  text  or  the  principle  as 
was  interpreted  by  Maimonides  in  compiling  the  commandments. 

(2)     "And  thou  shalt  burn  with  fire  the  (misled)  city."     (Dent 
xiii.  17.) 

•  Modestov's  Histoire  Romaine,    39. 

t  Fowler's  Companion  to  Latin  Studies,  219. 


18  GUIDE    OF    JUDAISM 

(3)  "Ye  shall  utterly  destroy  all  the  places  whereon  the  nations 
which  ye  are  about  to  drive  out  served  their  gods."  (Ibid, 
xii.  2.) 

'(4)  "Ye  shall  not  turn  unto  the  idols."  (Lev.  xix.  4.) 
(5)  "But  he  that  pronounced  the  name  of  the  Lord  (with  blas- 
phemy) shall  be  put  to  death."  (Ibid.  xxiv.  16.)  The  warn- 
ing not  to  commit  blasphemy  is  taken  from  Exod.  xxii.  27, 
although  that  commandment  is  given  among  the  613  as  pro- 
hibiting the  cursing  of  judges. 

'(6)     "Thou  shalt  not  bow  thyself  to  them  (the  strange  gods),  nor 
(7)  serve  them."    (Ibid.  xx.  5.) 

(8)  "Thou  shalt  not  make  unto  thyself  any  graven  images."  (Ibid. 
xx.  4.) 

'(9)  "And  molten  goos  shall  ye  not  make  to  yourselves."  (Lev. 
xix.  4.) 

"(io)     "Ye  shall  not  make  anything  with  me."    (Exod.  xx.  23.) 

This  commandment  forbids  the  carving  of  statuary  images  of  man, 
lest  it  be  turned  into  a  deity ;  but  painting,  photographing,  or  weaving  is 
permitted.  The  inference  is  also  derived  from  this  commandment  not  to 
make  duplicates  of  any  of  the  vessels,  or  of  the  sanctuary,  or  of  the 
Menorah  as  they  were  made  in  the  Temple ;  but  the  least  change  in  the 
construction  will  eliminate  the  stricture  of  this  law. 

(11)  "And  of  the  name  of  other  gods  ye  shall  make  no  mention." 

(Ibid,  xxiii.  13.) 

This  in  taking  an  oath  or  a  vow. 

(12)  "And  it  shall  not  be  built  again."    (Deut.  xiii.  17.)" 
This  refers  to  a  misled  city. 

(13)  "And  there  shall  not  cleave  to  thy  hand  aught  of  the  (idol- 

atrously)  devoted  things."     (Ibid.  xiii.  18.) 


GUIDE    OF    JUDAISM  19 

(14)  "And  they  shall  not  do  any  more  such  wicked  deed  as  this  is 

(enticing  to  serve  other  gods)  in  the  midst  of  thee."    (Ibid, 
xiii,  12.) 

(15)  "Thou  shalt  not  consent  (show  love)  unto  him  (the  enticer)  ; 

(16)  nor  shalt  thou  hearken  unto  him;  (17)  nor  shall  thy 
eye  look  with  pity  on  him;  (18)  nor  shalt  thou  spare  him; 
(19)  nor  shalt  thou  conceal  it  (refuse  to  testify)  for  him." 
(Ibid.  xiii.  9.) 

(20)  "But  the  prophet,  who  may  presume  to  speak  a  word  in  my 
name,  which  I  have  not  commanded  him  to  speak  (false 
prophecy)  ;  (21)  or  who  may  speak  in  the  name  of  other 
gods  (even  if  he  expounds  the  right  laws) — even  that  pro- 
phet shall  die."  (Deut.  xviii.  20.) 

The  warning  not  to  do  it,  for  here  is  prescribed  only  the  punishment, 
is  inferred  from  Exod.  xx.  23  (supra  n). 

(22)  "Then  shalt  thou  not  hearken  unto  the  words  of  that  prophet 
(who  entices),  or  unto  that  dreamer  of  dreams."  (Ibid, 
xiii.  4.) 

X«3)  "Thou  shalt  not  be  afraid  of  him  (the  false  prophet)."  (Ibid, 
xiii.  22.) 

(24)  "And  any  of  thy  seed  shalt  thou  not  let  pass  through  (the 

fire)  in  Molech."    (Lev.  xviii.  21 ;  Deut.  xviii.  10.) 

(25)  "Thou  shalt  not  plant  unto  thyself  a  grove,  any  tree,  near  the 

altar  (in  the  sanctuary)  of  the  Lord  thy  God."  (Deut. 
xvi.  21.) 

(26)  "Turn  not  unto  them  that  have  familiar  spirits ;  (27)  and  unto 

wizards."    (Lev.  xix.  31.) 

This  forbids  the  practice  of  two  forms  of  superstition.    According  to 
the  Hebraic  text,  the  former  forbids  the  practice  of  burning  incense  to 


20  GUIDE    OF    JUDAISM 

spirits  that  the  worshiper  might  hear  the  reply ;  and  the  latter  forbids  the 
practice  of  taking  into  one's  mouth  a  bone  of  the  fowl  Yidony  and  fore- 
tell future  happenings. 

(28)  "Neither  shalt  thou  set  up  a  statue  (for  the  purpose  of  wor- 

shiping idols)   which  the  Lord  thy  God  hateth."     (Deut. 
xvi.  22.) 

(29)  "And  any  carved  stone  shall  you  not  place  in  your  land,  to 

bow  down  upon  it."     (Lev.  xxvi.  i.) 

Carved  stones  were  used  in  the  Temple  only,  upon  which  it  was  per- 
mitted to  bow  down. 

(30)  "Thou  shalt  not  bring  an  abomination  into  thy  house."   (Deut. 

vii.  26.) 

This  includes  the  mere  keeping  in  one's  house  anything  which  be- 
longs to  the  idolatrous  equipment. 

(31)  "Thou  shalt  not  covet  the  silver  or  gold  that  is  in  them." 

(Ibid.  vii.  25.) 

(32)  "Thou  shalt  not  make  a  covenant  with  them,  nor  with  their 

gods."    (Exod.  xxiii.  32.) 

(33)  "They  shall  not  dwell  in  thy  land,  lest  they  cause  thee  to  sin 

against  me."     (Ibid,  xxiii.  33.) 

(34)  "Ner  have  mercy  upon  them."     (Deut.  vii.  2.) 

Here  the  meaning  of  the  Hebraic  text  is  interpreted  as  forbidding  to 
praise  their  works,  to  say  that  it  is  beautiful,  or  graceful. 

(35)  "There  shall  not  be  found  among  you  any  .    .    .  that  useth 

divination;  (36)  or  an  observer  of  times;  (37)  or  an  en- 
chanter; (38)  or  a  witch;  (39)  or  a  charmer;  (40)  or  a 
consulter  with  familiar  spirits;  (41)  or  a  wizard;  (42)  or  a 
necromancer."  (Ibid,  xviii.  10-11.) 

It  will  be  noticed  that  (40)  and  (41)  treat  the  same  subjects  as  (26) 
and  (27)  ;  but  here  the  warning  is  given  not  to  consult  those  who  practice 


GUIDE    OF    JUDAISM  21 

these  forms  of  superstition,  whereas  (26)  and  (27)  forbid  the  practice 
itself.  These  eight  commandments  forbid  the  whole  field  of  superstition 
known  to  the  ancient  world.  But  as  all  superstitious  practices  have 
changed  in  form  only,  it  is  forbidden  to  all  Israel  to  consult,  practice,  or 
believe  in  any  form  of  superstition  even  though  they  be  known  under 
different  high-sounding  names  or  isms. 

(43)  "It  shall  not  be  heard  out  of  thy  mouth."    (Exod.  xxiii.  13.) 
This  is  a  warning  not  to  entice  a  Jewish  community  to  serve  other 

gods,  or  to  practice  any  of  the  idolatrous  superstitions 

(44)  "Ye  shall  not  cut  round  the  corners  (of  the  hair)   of  your 

head;  (45)  neither  shalt  thou  destroy  the  corners  of  thy 

beard."    (Lev.  xix.  27.) 

The  idolatrous  priests  were  obliged  by  their  superstitious  belief  to  cut 
round  the  corners  of  the  hair  of  their  heads,  and  to  destroy  the  corners 
of  their  beards.  That  was  their  mark  of  distinction.  This  commandment 
forbids  only  the  use  of  a  razor,  and  the  complete  destruction  of  the  beard 
by  means  of  a  razor. 

(46)     "A  woman  shall  not  have  upon  her  the  apparel  of  a  man ;  (47) 

and  a  man  shall  not  put  on  a  woman's  garment."     (Deut. 

xxii.  5.) 

(48)  "And  any  etched-in  writing  shall  you  not  fix  upon  yourselves." 

(Lev.  xix.  28.) 

(49)  "Ye  shall  not  cut  yourselves ;  (50)  nor  make  any  baldness  be- 

tween your  eyes  for  the  dead."  (Deut.  xiv.  i.  Lev.  xix.  28. 
Ibid.  xxi.  5.) 

(51)  "And  ye  shall  not  walk  in  the  customs  of  the  nation  which  I 
cast  out  before  you."  (Lev.  xx.  23.)  "And  in  their  cus- 
toms shall  ye  not  walk."  (Ibid,  xviii.  3.) 

In  appearance,  in  dress,  in  mannerism,  in  speech,  as  well  as  in  ideas 
and  ideals,  the  people  of  Israel  was  commanded  to  be  distinguished  from 


22  GUIDE    OP   JUDAISM 

all  idolatrous  peoples.  There  is  more  than  one  way  which  leads  to  the 
extinction  of  a  race,  but  the  first  step  leading  thereto  is  the  loss  of 
identity. 

There  is  no  idolatry  in  existence  now  among  the  civilized  races  ;  per- 
haps many  of  the  reasons  which  prompted  these  stringent  laws  have  dis- 
appeared ;  but  being  in  the  minority  in  every  country,  there  is  but  a  short 
distance  between  the  ultra-reformer  and  total  extinction.  Therefore,  the 
spirit,  if  not  the  letter,  of  these  laws,  particularly  those  against  supersti- 
tious practices,  is  not  at  all  out  of  date. 

CHAPTER  V 


WE  ARE  COMMANDED  TO  PRAY,  TO  GIVE  AND  RECEIVE 

GRACE,  AND  TO  REPENT,  BY  SIX  MANDATORY 

COMMANDMENTS 

(l)     "And  thou  shalt  talk  of  them  when  thou  sittest  in  thine  house, 
and  when  thou  walkest  by  the  way,  and  when  thou  liest 
down,  and  when  thou  risest  up."    (Deut.  vi.  7.) 
This  commandment  is  interpreted  to  refer  to  the  daily  reading  of  the 
Shema.    The  Shema  is  divided  in  three  sections.    They  are:     (a)  Ibid. 
vi.  4-9,  inc.;  (b)  Ibid.  xi.  13-21,  inc.;  (c)  Num.  xv.  37-41*  inc.    The 
Parshot  respectively  expound  the  principles  of  Love,  Justice,  and  Holi- 
ness. 

The  Shema  must  be  read  every  morning,  beginning  with  daylight  ; 
and  every  evening,  beginning  with  the  appearance  of  stars. 

Cleanliness  of  surroundings,  neatness  of  person  and  dress,  tranquillity 
of  mind,  and  devotion  are  essential  preparations  for  the  reading  of  the 
Shema. 


GUIDE    OF    JUDAISM  23 

'(2)     "Him  shall  thou  serve."     (Deut.  x.  20.)     "And  ye  shall  serve 
the  Lord  your  God."     (Exod.  xxiii.  25.) 

Upon  this  commandment  was  built  the  whole  structure  of  our 
prayers.  From  the  inception  of  Judaism  till  the  days  of  Ezra,  no  set  of 
uniform  prayers  were  in  existence.  Prayers  were  delivered  on  occasions, 
but  they  were  spontaneous,  according  to  the  need  and  ability  of  the  re- 
spective worshipers.  At  the  destruction  of  the  First  Temple  the  last  rem- 
nant of  Judaea  would  have  shared  the  fate  of  the  Ten  Tribes,  had  not 
Ezra  and  his  collaborators  instituted  daily  prayers  to  take  the  place  of  the 
daily  sacrificials  in  the  Temple.  Moreover,  the  Hebrew  language  and 
uniformity  of  the  prayers  had  the  effect  of  damming  the  tide  of  assimila- 
tion which  was  rampant  in  those  days. 

The  prayers  then  consisted  of  Eighteen  Benedictions,  embracing  as 
many  different  subjects,  viz.:  Blessings  of  the  Fathers  (Abraham,  Isaac, 
and  Jacob) ;  Resurrection,  Holiness,  Wisdom,  Repentance,  Forgive- 
ness, Redemption,  Healing,  Daily  Bread,  Reunion  of  Israel;  Reign  of 
Justice,  Reward,  Reconstruction  of  the  Temple,  Restoration  of  the  House 
of  David,  Acceptance  of  Supplications,  Rebuilding  of  Zion,  Thanksgiving, 
Universal  Peace.  In  Jabneh  the  benediction  for  the  extermination  of 
blasphemy  and  infidelity  was  added.  All  these  prayers  are  historically 
known  as  the  Amidah. 

The  Jabnean  School,  immediately  after  the  destruction  of  the  Second 
Temple,  made  daily  prayers  obligatory,  and  ordered  that  the  number  of 
prayers  on  week  days,  Sabbaths  and  holidays  should  equal  the  number  of 
offerings  in  the  Temple.  And,  as  according  to  Num.  xxviii.  3,  two  burnt- 
offerings  were  to  be  brought  daily — the  Shaharit  and  Minhah  which,  in 
diaspora,  replace  these  offerings  are,  therefore,  daily  obligations.  And 
because  the  limbs  of  the  afternoon  burnt-offering  could  go  on  burning 
even  throughout  the  night,  the  prayer  of  Maarib  was  instituted  as  a  free- 
will prayer.  On  Sabbaths  and  holidays,  on  New  Moon  and  semi-holidays. 


24  GUIDE    OF    JUDAISM 

an  additional  prayer  was  instituted,  because  of  the  Additional  Offering 
brought  on  those  days.  (Num.  xxviii.  9;  Ibid,  n  ;  Ibid.  26;  Ibid.  xxix.  I ; 
Ibid.  7;  Ibid.  13 ;  Lev.  xxiii.  36.)  On  the  Day  of  Atonement  (originally 
on  all  fast  days),  the  special  prayer  of  Neilah  is  delivered  at  sunset.  Thus 
the  daily  prayers  are  three:  (a)  Shaharit;  (b)  Minhah;  (c)  Maarib;  on 
Sabbaths,  New  Moon,  holidays  and  semi-holidays  the  prayers  are  four: 
the  above,  and  Mussaph;  on  Yom  ha-Kipurim,  five;  the  above,  and 
Neilah. 

All  the  traditional  prayers  are  the  works  of  an  hundred  and  twenty 
members  of  the  Knesseth  ha-Gedolah,  of  whom  a  majority  were  prophets. 
The  hymns  and  other  special  prayers  were  produced  mainly  during  the 
period  of  the  Gaonim,  two  or  three  centuries  after  the  Babylonian  Talmud 
was  edited. 

After  all  is  said,  the  uniform  prayers  were  the  greatest  tie  which  kept 
all  Israel  together  throughout  the  long  years  of  exile.  In  addition  to 
being  a  spiritual  force  par  excellence,  it  also  kept  the  Hebrew  language 
alive  among  the  scattered  people. 

(3)  "Speak  unto  Aaron  and  unto  his  sons,  saying,  Thus  shall  ye 
bless  the  children  of  Israel."  (Num.  vi.  23.) 

Even  in  diaspora  this  commandment  is  binding.  The  traditional  de- 
scendants of  Aaron  are  commanded  to  bestow  blessings  upon  the  congre- 
gation in  which  they  worship ;  and  the  congregation  is  obliged  to  have 
Birkat  Cohenim  in  its  service.  Even  if  the  Cohenim  are  no  better  than 
ordinary  Israelites,  they  must  be  permitted  to  bless  the  congregation.  A 
Cohen  might  be  disallowed  to  participate  in  blessing  the  congregation  on 
account  of  six  reasons.  They  are:  (a)  defective  speech;  (b)  physical 
defects ;  (c)  homicide,  even  excusable,  or  conversion,  even  he  be  a  peni- 
tent; (d)  minority,  or  want  of  puberty;  (e)  intoxication;  (f)  unclean- 
ness.  Birkat  Cohenim  forms  part  of  the  Mussaph  Amida,  preceding  the 
benediction  for  universal  peace. 

The  custom  recently  inaugurated  in  some  synagogs  that  the  Birkat 
Cohenim  be  abolished  and  that  the  minister  should  pronounce  the  bene- 


GUIDE    OF    JUDAISM  25 

diction  which  the  descendants  of  Aaron  were  charged  to  pronounce,  has 
no  foundation  in  Jewish  traditional  liturgy.  It  betrays  the  ignorance  of 
the  reformers  as  to  the  meaning  of  this  commandment.  It  is  not  the 
Cohen's  but  God's  blessing  that  the  congregation  is  to  receive.  The 
Cohen  was  merely  charged  to  perform  a  duty  as  a  direct  descendant  of 
Aaron.  He  needs  no  special  training  for  it ;  neither  must  his  conduct  be 
above  the  average  in  order  to  carry  out  this  commandment. 

But  this  law  has  a  far  greater  meaning  to  the  ethnological  student 
than  to  the  evolution  of  Judaism.  All  income  from  the  various  sources, 
belonging  to  Palestinian  life,  were  cut  off  from  the  priests  the  very  day 
the  Temple  was  burnt.  What  reason  could  an  ordinary  Jew  have  had  to 
impersonate  a  Cohen?  The  logical  conclusion,  therefore,  must  follow 
that  there  were  among  the  Cohenim  but  a  negligent  few  impostors.  Thus, 
what  greater  proof  could  the  science  of  ethnology  bring  forward  to 
establish  the  identity  of  a  race?  We  need  no  cephalic  index  to  establish 
the  purity  of  at  least  the  Cohenim.  And,  if  the  Cohenim  succeeded  in 
preserving  their  purity,  as  tradition  shows,  why  should  there  be  any  need 
to  look  for  physical  evidence  to  establish  the  identity  of  the  rest  of  the 
Jewish  race?  Only  the  elements  in  Judaism  which  long  for  the  destruc- 
tion of  everything  traditionally  sacred  can  think  of  effacing  such  a  distinct 
mark  of  identification  from  part  of  our  race. 

(4)     "And  when  thou  hast  eaten  and  art  satisfied,  then  shalt  thou 
bless  the  Lord  thy  God."    (Deut.  viii.  10.) 

There  are  three  kinds  of  benedictions :  (a)  Natural ;  (b)  Spiritual ; 
(c)  Moral. 

(a)  In  order  to  enjoy  life,  we  need  the  means  which  sustain  it. 
Bread,  water,  air,  and  sunshine  are  the  staple  necessities.  We  find  all 
these  ready  for  us.  God  is  the  universal  Provider.  We  must  grace  God 
in  return  for  all  these.  Thus,  the  benedictions  in  return  for  the  necessi- 
ties of  life  are  called  Natural  Benedictions. 


26  GUIDE   OP   JUDAISM 

(b)  As  a  people,  we  were  chosen  to  receive  the  Torah.  In  it  are 
found  the  rules  of  proper  conduct.  They  are  our  rules.  To  attain  a 
similar  standard  of  civilization,  all  other  races  must  borrow  from  us. 
God  did  this.  We  derive,  or  should  derive,  a  spiritual  joy  of  owning-  the 
primogenitureship  of  civilization.  Therefore,  before  carrying  out  any 
part  of  the  will  of  God,  we  must  give  thanks  unto  Him.  The  benedictions 
before  fulfilling  a  commandment  are  therefore  called  Spiritual  Benedic- 
tions. 

(c)  There  are  certain  things  which  come  to  pass  that  amaze  us, 
that  make  us  happy,  or  that  make  us  sad ;  and  there  are  natural  phenom- 
ena which  either  frighten  or  enthuse  us.  All  these  are  forms  of  the  won- 
derful will  of  God.  We  must  praise  Him  for  everything.  These  are 
called  Moral  Benedictions. 

There  are  four  aftermeal  benedictions:  (a)  in  return  for  the  food; 
(b)  for  having  given  us  a  land ;  (c)  for  the  permanency  of  Jerusalem ; 
(d)  for  everything  good  in  life.  They  were  instituted  respectively  by 
Moses,  Joshua,  David,  and  Solomon,  and  the  authors  of  the  Mishna. 
When  three  persons  eat  at  one  table,  they  say  the  aftermeal  grace  to- 
gether ;  for  Zimun  is  the  kernel  of  Birkat  ha-Mozon. 

(5)  "And  if  ye  go  to  war  in  your  land  against  the  oppressor  that 
oppresseth  you,  then  shall  ye  blow  an  alarm  with  the  trum- 
pets; and  ye  shall  be  remembered  before  the  Lord  youi 
God,  and  ye  shall  be  saved  from  your  enemies."  (Num. 
x.  9.) 

This  commandment  is  interpreted  to  include  every  public  calamity, 
when  a  repentance  of  the  whole  population  is  required.  During  the  post- 
Palestinian  days,  public  fasting  too  became  part  of  repentance  in  a  time 
of  distress. 

There  are  twelve  kinds  of  calamities,  which  call  forth  special  public 
prayers  and  fasting:  (a)  undue  persecution,  or  war,  against  a  whole 
Jewish  community ;  (b)  war  between  the  nations ;  (c)  a  plague  which  cuts 


GUIDE    OF    JUDAISM  27 

off  three  lives,  in  three  consecutive  days,  in  a  community  which  has  a 
grown  population  of  500;  (d)  persistent  incursion  of  wild  beasts  in  day- 
time ;  (e)  invasion  of  the  fields  by  locusts ;  (f)  or  by  crickets  ;  (g)  blasting 
winds;  (h)  mildew;  (i)  earthquake;  (j)  disease;  (k)  paralysis  of  trade; 
(1)  want,  or  surplus,  of  rain. 

All  these  are  considered  punitive  messengers,  to  cause  men  to  reflect 
as  to  his  real  position  upon  earth,  and  to  test  his  abilities  as  to  whether  he 
could,  without  the  aid  of  God,  exist  upon  earth. 

(6)  "When  a  man  or  a  woman  shall  commit  a  sin  that  men  commit, 
to  do  a  trespass  against  the  Lord,  and  that  person  be  guilty : 
Ihen  they  shall  confess  their  sin  which  they  have  done." 
(Num.  v.  6-7.) 

Repentance  must  be  directed  to  God.  To  Him  alone  we  may  con- 
fess, unless  the  sin  be  against  a  fellow  man,  when  the  wrong  committed 
must  be  publicly  remedied.  Repentance  must  be  the  result  of  a  free  will. 
The  contrition  of  the  one  who  is  physically  unable  to  commit  more  sins 
is  better  than  no  repentance  at  all,  but  it  is  not  pure.  In  our  young  days 
we  must  remember  our  Creator. 

God  left  to  man  the  choice  of  his  own  conduct.  Man  may  make  of 
himself  what  he  considers  fit.  We  do  not  believe  in  a  preordained  set  of 
rules  for  every  individual.  Every  man  might  become  just,  or  he  might 
become  wicked.  It  all  depends  upon  his  conduct.  There  is  no  Gezerah 
Kedumah.  Hence,  the  one  who  sins  has  his  own  self  to  blame.  More- 
over, it  is  as  natural  for  man  to  be  master  over  his  own  conduct  as  it  is 
in  the  nature  of  things  that  a  cast  stone  shall  fall  back  to  the  ground,  or 
that  fire  and  wind  shall  ascend  upward.  Had  it  been  otherwise,  what 
blame  could  there  be  attached  to  a  criminal?  We  may  find  a  similarity 
of  conduct  among  certain  groups ;  there  may  be  a  hereditary  trace  of  the 
criminal,  or  drunkard,  in  his  issue ;  but  that  only  adds  more  labor  to  the 
offspring  of  such  group  or  class  to  lead  useful  lives ;  for  the  good  as  well 
as  the  bad  is  of  man's  own  will. 


28  GUIDE    OF   JUDAISM 

Thus  we  arrive  at  the  conclusion  that  the  conduct  of  man  can  be 
controlled  by  himself.  If  he  does  wrong  and  repents,  his  past  will  serve 
as  a  warning  for  his  future. 

Particular  care  must  be  taken  in  our  conduct  toward  our  fellow  men. 
Some  wrongs  may  prevent  even  repentance.  Maimonides  enumerates 
twenty-four  different  wrongs  which  make  the  path  of  repentance  difficult, 
if  not  impossible,  and  most  of  them  are  wrongs  against  our  fellow  men. 

The  penitent  must  not  be  reminded  of  his  former  conduct.  God 
considers  him  as  if  he  had  never  sinned.  What  it  takes  the  just  a  life- 
time to  achieve,  the  penitent  accomplishes  in  but  a  while,  if  his  subsequent 
conduct  proves  his  honesty  of  purpose. 

The  just  and  the  penitent  never  die.  Death  is  not  in  existence  in  the 
World  to  Come.  Oblivion,  total  extinction,  death,  meet  only  those  who 
proved  themselves,  by  their  evil  conduct  upon  earth,  that  they  are  unfit  to 
live.  We  have  no  comprehension  of  what  Eternal  Life  means,  but  it  is 
our  belief  that  Olam  ha-Ba  is  the  eternal  abode  of  all  souls  which  were 
pure  upon  earth.  The  Messianic  era,  for  which  we  long,  is  not  Olam 
ha-Ba.  The  Messiah  will  come  to  restore  nationalism  and  inaugurate  an 
era  of  peace  and  liberty  for  Israel.  But  Olam  ha-Ba  is  the  goal  of  the 
believers  in  the  immortality  of  the  soul.  And  neither  of  the  two  great 
hopes  are  possible  without  repentance  upon  earth — without  Teshubah. 


GUIDE    OP    JUDAISM  29 

CHAPTER   VI 

mm  IBD  —  n^o  ,nnrD  ,rpjpx  ,^sn  —  minn 


THE  LAWS  CONCERNING  TOKENS  OF  THE  BODY,  PERSON, 

DWELLING,  AND  MIND  ARE  BASED  UPON  SEVEN 

MANDATORY  COMMANDMENTS 

(l)  "Now  therefore  write  ye  this  song  for  you,  and  teach  it  the 
children  of  Israel."  (Deut.  xxxi.  19.) 

The  Book  of  the  Torah  is  the  most  sacred  possession  in  Israel.  It 
is  our  spiritual  token  and  our  national  emblem  combined.  Every  member 
in  the  House  of  Israel  must  have  a  Scroll  of  the  Law  written  for  himself. 
The  Torah  must  not  be  written  in  fragments.  All  Five  Books  must  be 
written  upon  parchment,  made  of  the  hide  of  clean  beasts,  the  sections 
being  of  a  uniform  size,  and  sewed  together  with  arteries  of  clean  beasts. 
There  must  not  be  a  single  error  in  the  Sepher  Torah  before  it  is  fit  to 
be  read  from  in  public.  It  must  be  written  in  Hebrew.  The  scribe  must 
be  a  believer  in  God.  All  material  must  be  specifically  prepared  for  the 
purpose  of  writing  a  Sepher  Torah.  Every  word  must  stand  out  sep- 
arately, so  that  no  two  words  will  look  like  one.  Neither  must  the  letters, 
even  in  the  same  word,  touch  one  another. 

Moses  ordained  :  To  read  the  Torah  in  public  on  Sabbaths,  holidays, 
New  Moon,  and  Mondays  and  Thursdays,  so  that  no  three  days  will  lapse 
without  hearing  the  words  of  God.  Ezra  ordained:  To  read  on  Sab- 
bath afternoons  one  Parsho  of  the  Sedrah  of  the  incoming  week  ;  and  to 
read  no  less  than  three  paragraphs  for  one  Aliyah,  and  no  less  than  ten 
paragraphs  at  any  time. 

The  whole  Torah  is  read  through  in  the  course  of  every  lunar  year, 
beginning  the  Sabbath  after  Sukkoth,  and  ending  on  the  last  day  of  the 
succeeding  Sukkoth.  For  the  purpose  of  public  reading,  the  Torah  is 
divided  into  fifty-four  Sedrat,  and  each  Sedrah  is  in  turn  subdivided  into 


30  GUIDE   OF   JUDAISM 

seven  Parshot.  In  addition  to  the  reading  of  the  Torah,  a  selected  chap- 
ter of  the  Psalms  or  Prophets  is  read  on  Sabbaths  and  holidays,  usually 
by  the  one  who  is  honoured  with  the  Maphtir. 

(2)  "And  thou  shalt  bind  them  for  a  token  upon  thine  hand;  (3) 
and  they  shall  be  as  frontlets  between  thine  eyes."  .(Deut. 
vi.  8;  Exod.  xiii.  16.) 

These  two  commandments  refer  to  the  phylactery  of  the  hand,  and 
the  phylactery  of  the  head.  The  shel-Rosh  consists  of  a  small  leather 
receptacle,  divided  into  four  sections,  each  section  containing  passages  of 
the  Torah  written  upon  parchment,  reading  from  the  left,  as  follows: 
(a)  Exod.  xiii.  i-io;  (b)  Ibid.  11-16;  (c)  Deut.  vi.  4-9;  (d)  Ibid.  xi. 
13-21.  The  shel-Yad  consists  of  one  receptacle,  which  contains  the  above 
passages  written  upon  one  piece  of  parchment.  The  receptacles  must  be 
square.  The  make-up  of  the  Tephilin  goes  back,  according  to  tradition,  to 
the  Revelation ;  for  it  was  upon  Sinai  that  Moses  learnt  how  to  make  them. 
The  shel-Yad  is  fastened  upon  the  muscle  of  the  left  arm,  opposite  the 
heart ;  and  the  shel-Rosh  is  placed  upon  the  center  of  the  cranium  between 
the  parietal  and  frontal  bones,  so  that  the  edge  of  the  receptacle  rests 
just  above  the  forehead  where  the  hair-growth  starts. 

The  Tephilin  are  put  on  mornings  during  the  Shaharit  prayer,  on 
week  days  only.  Sabbaths  and  holidays  are  tokens  in  themselves,  requir- 
ing no  other  reminder.  No  Tephilin  is  put  on  the  Ninth  of  Ab  during  the 
morning,  for  it  is  ornamental ;  but  it  is  put  on  during  the  Minhah  prayer. 

Only  males  over  thirteen  years  old  are  obliged  to  wear  Tephilin  dur- 
ing prayer.  Women  are  excused  from  all  laws  which  must  be  performed 
at  certain  hours,  or  given  times,  and  as  Tephilin  is  put  on  during  day-time 
only,  they  were  excused  from  that  duty.  The  same  rule  applies  to  every 
commandment  which  is  Seman  Gramah. 

(4)     "And  it  shall  be  unto  you  for  a  fringe,  that  ye  may  look  upon 
it,  and  remember  all  the  commandments  of  the  Lord 
do  them."     (Num.  xv.  39.) 

The  fringes  in  a  four-cornered  garment  were  a  mark  of  distinction 
in  ancient  Judaea.    There  were  no  fringes  required,  if  the  garment  was        / 


GUIDE    OF    JUDAISM  31 

not  four-cornered.  But  a  special  garment,  Talith,  with  the  national  col- 
curs  of  white  and  blue,  imprinted,  or  interwoven  in  parallel  lines,  became 
the  custom  of  wearing  during  prayer,  and  a  Talith  Katan.  a  miniature 
Jewish  flag,  is  put  on  next  to  the  undergarment 

(5)     "And  thou  shalt  write  them  upon  the  posts  of  thy  house,  and 

on  thy  gates."     (Deut.  vi.  9.) 

The  Mezuzah  is  a  piece  of  parchment  upon  which  the  passages  of 
Deut.  vi.  49,  inc.,  and  Ibid.  xi.  13-21,  inc.,  are  written,  and  encased  in 
either  wood  or  metal,  and  nailed  to  the  right  door-post  as  you  go  in,  about 
a  foot  below  the  cross-post. 

(6)     "And  he  that  is  eight  days  old  shall  be  circumcised  among  you, 
every  man-child  in  your  generations."    (Gen.  xvii.  12.) 

The  child  must  be  circumcised  on  the  eighth  day,  even  if  it  happens 
on  a  Sabbath,  or  on  the  Yom  ha-Kipurim.  The  principal  condition  upon 
which  proselytes  are  admitted  is  circumcision.  Only  a  normal  child  shall 
be  circumcised  on  the  eighth  day.  Upon  a  doctor's  advice,  a  delay  is 
commendable. 

Circumcision  is  a  token  of  an  holy  covenant.  It  is  one  of  the  com- 
mandments which  the  people  of  Israel  accepted  with  Joy.  Maimonides 
enumerates  thirteen  different  expressions  of  covenant  between  God  and 
Abraham  concerning  circumcision. 

When  two  brothers  of  the  same  mother  die  as  a  result  of  the  opera- 
tion, the  third  one  must  not  be  circumcised.  Nevertheless,  he  is  consid- 
ered  an  Israelite  in  every  respect. 

(7)  "And  he  (the  king)  shall  write  for  himself  a  copy  of  this  law 
in  a  book.  .  .  .  And  it  shall  be  with  him,  and  he  shall  read 
therein  all  the  days  of  his  life."  (Deut.  xvii.  18-19.) 

When  a  king  ascended  to  the  throne  of  David,  he  was  obliged  to 
have  a  special  Sepher  Torah,  in  addition  to  the  one  every  Israelite  must 
have,  which  he  must  have  with  him  constantly.  It  was  to  remind  him 
that,  unlike  the  tyrants,  the  laws  he  was  to  expound  are  the  laws  of  God ; 


32  GUIDE    OF    JUDAISM 

that  he  had  no  authority  to  alter,  add  to,  or  diminish  aught  from  them; 
that  he  himself  is  subject  to  observe  them  ;  and  that  his  sole  authority  is  to 
administer  justice  as  is  pointed  out  in  them. 

All  these  commandments,  while  ritual  in  character,  are  elements  of 
sociological  development,  if  not  evolutionary  causes,  in  the  process  of 
Jewish  progress  throughout  their  history.  Conservatism,  at  the  first 
glance,  might  be  retrogressive ;  but  in  a  civilized  people  it  is  a  source  of 
strength.  Nations  with  ultra-radical  tendencies  have  sprung  up  from  time 
to  time,  but,  retaining  nothing  of  their  originality,  they  had  to  lead  a  para- 
sitical existence,  and  soon  disappeared  entirely  from  the  stage  of  history. 
The  same  holds  good  with  sects,  or  groups.  Man  is  not  a  caterpillar ;  he 
can  not  scale  his  appearance  and  become  a  butterfly.  Every  individual,  in 
a  time  of  crisis,  must  have  something  to  fall  back  on.  A  well-nourished 
body  will  resist  the  onset  of  many  diseases  and  be  able  to  withstand  many 
attacks.  Only  the  spider  which  has  wasted  too  much  silk  in  an  endeavor  to 
ensnare  distant  flies  will  be  left  without  thread  to  build  himself  a  new 
home  when  the  servant  brushes  away  the  home  he  had  built  before  he 
started  out  on  his  debauch. 

As  a  nation,  we  were  well  nourished.  We  have  a  sanctuary.  Our 
spiritual  home,  if  we  ourselves  will  not  abandon  it,  is  indestructible. 


BOOK   II 


O'JDT 

CHAPTER   I 

rats' 

THERE  ARE  TWO  MANDATORY  AND  THREE  PROHIBITIVE 
COMMANDMENTS  CONCERNING  THE  SABBATH 

(i)  "Six  days  thou  shalt  do  thy  work,  and  on  the  seventh  day  thou 
shalt  rest."  (Exod.  xiii.  12.) 

The  Torah  was  given  on  a  Sabbath.  Before  the  Revelation  immedi- 
ately after  they  left  Egypt,  the  people  of  Israel  received  the  command  of 
Moses  to  institute  the  Sabbath.  The  day  was  pointed  out  to  them  by 
Moses,  saying:  "Today  ye  will  not  find  it  (Manna)  in  the  field."  This 
is,  historically,  the  first  mention  of  a  day  of  rest  after  six  days'  work, 
among  the  ancient  advanced  races. 

The  views  advanced  by  the  higher  critics,  among  them  being  the 
Reform  wing  of  Judaism,  that  the  Sabbath  was  originally  connected  with 
Moon-worship  *  ;  that  it  may  be  traced  to  a  contact  with  Assyro-Baby- 
lonians  ;  and  that  the  word  itself  is  an  alien  in  the  Hebrew  tongue,  fall 
not  far  short  from  many  other  absurdities  emanating  from  a  desire  to 
destroy  the  tradition  and,  if  possible,  to  prevent  the  renaissance  of  Jewish 
institutionalism. 


*  See  Jewish  Encyclopedia,  Sabbath,  critical  view. 

33 


34  GUIDE    OF    JUDAISM 

The  day  is  immutable.  The  sunset  of  the  sixth  day,  in  every  clime, 
notwithstanding  geographical  differences  in  time,  brings  the  rest  and  holi- 
ness of  the  Sabbath. 

(2)     "Remember  the  Sabbath  to  keep  it  holy."    (Ibid.  xx.  8.) 

There  are  four  rules  of  conduct  on  the  Sabbath :  (a)  holinesr ;  (b) 
joy;  (c)  honour;  (d)  rest. 

(a)  We  must  sanctify  the  Sabbath  with  the  words  of  our  moutih. 
Even  to  speak  of  everyday  affairs  is  foridden.    The  Sabbath  is  ushered  in 
with  special  selections  of  the  Psalm,  the  prayer  of  Maarib,  and  the  Kidush, 
both  at  the  synagogue  and  at  home.     It  is  commendable  to  recite  the 
Kidush  over  a  goblet  of  wine.    The  Sabbath  must  not  be  looked  upon  as 
a  day  of  idleness.    Likewise  must  the  departure  of  the  Sabbath  be  sancti- 
fied with  special  grace  over  wine,  the  Habdalah  being  the  real  token  of 
separation  between  the  Sabbath  and  the  days  of  work. 

(b)  It  is  a  part  of  the  Sabbath  to  rejoice  therein.    No  form  of  sad- 
ness, not  even  a  death  of  a  member  in  the  family,  must  be  publicly  pro- 
claimed, or  the  grief  thereof  manifested.     Every  family  must  prepare, 
according  to  its  means,  of  the  best  there  is  for  the  Sabbath  meals.    The 
Sabbath  meals  are  three:     Friday  night,  Sabbath  morning,  and  before 
sunset.    These  are  obligatory. 

(c)  The  ushering  in  of  the  Sabbath  is  honoured  with  special  lights, 
over  which  grace  is  said.    This  is  a  special  duty  to  be  performed  by  the 
mother  of  the  home.     It  forms  one  of  the  three  sacred  duties  of  the 
woman.    Nevertheless,  when  man  is  alone,  the  duty  falls  upon  him.    The 
duty  was  assigned  to  woman  as  a  token  of  her  real  dominion,  which  is 
the  home.    The  Sabbath  must  also  be  honoured  with  neatness  of  person 
and  dress,  according  to  the  means  of  the  respective  families. 

(d)  Physical  and  mental  rest  from  all  labour  and  care.     Man  is 
more  than  an  automatic  machine.    God  did  not  intend  for  him  to  spend 
his  vitality  unduly      Man  must  have  a  higher  aim  in  life  than  work  in 


GUIDE    OF   JUDAISM  35 

order  to  earn  enough  to  eat,  and  eat  in  order  to  have  strength  to  work. 
The  soul  is  as  much  in  need  of  care  as  is  the  body.  There  are  diseases 
which  afflict  the  body,  and  ailments  which  sicken  the  soul.  There  are 
remedies  for  both.  Idleness  is  a  curse,  which  leads  to  many  evil  results ; 
so  is  overwork.  Both  are  extremes  which  bring  about,  in  addition  to 
social  strife,  most  of  the  evils  which  overbalance  the  good  all  human  ef- 
forts have  produced.  Physical  rest  and  mental  reflection  on  the  Sabbath, 
or  on  one-seventh  of  a  man's  lifetime,  should  be  both  remedial  and  pre- 
ventive measures  for  the  social  stability  of  a  people  which  has  witnessed 
the  rise  and  fall  of  many  brands  of  culture. 

(3)  "In  it  thou  shalt  not  do  any  work,  thou,  nor  thy  son,  nor  thy 
daughter,  nor  thy  man  servant,  nor  thy  maid  servant,  nor 
thy  cattle,  nor  thy  stranger  that  is  within  thy  gates."  (Ibid. 
xx.  10.) 

There  are  thirty-nine  principal  forms  of  work  which  we  are  com- 
manded not  to  do  on  the  Sabbath.  The  offspring  of  those  principles  in- 
clude any  kind  of  work  resembling  any  of  the  principals.  For  example, 
it  is  forbidden  to  grind  grain  into  flour  on  the  Sabbath ;  when  one  takes 
a  piece  of  old  gold  and  grates  it  on  a  hone  so  as  to  get  gold-dust,  the  act 
is  an  offspring  of  the  principal.  In  whatever  one's  right  of  property,  or 
interest  in  the  work,  as  a  result  of  an  act  by  himself  or  representative,  is 
furthered  or  increased,  comes  within  the  meaning  of  this  law.  This,  how- 
ever, does  not  include  one's  right  to  protect  and  watch  his  property  against 
loss.  Anything  in  the  nature  of  gain  is  forbidden ;  but  what  one  already 
has  he  may  protect  as  well  as  he  may  lock  the  door  of  his  house. 

The  laws  of  Sabbath  are  suspended :  when  human  life  is  in  danger, 
during  war  time,  or  in  a  conflagration,  or  incursion  of  beasts.  Even  when 
the  chances  of  saving  life  are  extremely  doubtful,  all  manner  of  labour  is 
permitted.  For  example:  When  a  woman  dies  during  childbirth,  and 
the  issue  be  not  departed  from  her,  every  kind  of  work  for  the  sep- 
aration of  the  child  from  its  dead  mother  is  permitted,  although  the  law 


36  GUIDE    OP    JUDAISM 

of  nature  is  that  when  the  mother  dies  the  child  within  her  can  not 
survive. 

(4)     "Abide  ye  every  man  in  his  place,  let  no  man  go  out  of  his 
place  on  the  seventh  day."    (Ibid.  xvii.  29.) 

The  town,  or  city,  limits  are  within  the  meaning  of  the  term  "place" 
in  this  commandment.  In  addition,  one  may  walk  from  every  boundary- 
line  of  his  place  a  distance  of  two  thousand  cubits,  or  ells,  Hebrew  meas- 
ure. One,  however,  may,  in  case  of  need,  establish  his  domicile,  on  Fri- 
day, at  the  end  of  the  prescribed  distance,  by  depositing  there  food  suffi- 
cient for  two  meals,  and  thereafter  walk  on  Sabbath  an  additional  distance 
of  two  thousand  cubits.  Such  form  of  election  of  domicile  is  useful  among 
farmers,  for  the  purpose  of  coming  together  on  Sabbaths  for  religious  or 
social  purposes.  Erubeh  Tehumin  have  kept  alive  the  Sabbath  service 
among  thousands  of  Jewish  peasants  in  the  rural  districts  of  the  European 
countries. 

Travel  by  water,  when  the  journey  is  a  long  one,  is  permitted  on 
Sabbath.  When  the  steamer  departs  on  a  Sabbath,  election  of  domicile 
on  the  steamer  must  take  place  on  Friday. 

Not  only  is  the  locomotion  limited,  but  the  carrying  of  things  from 
one  premise  into  another  is  forbidden.  A  group  of  people,  occupying  one 
courtyard,  or  a  row  of  houses  with  a  fence  around  it,  may  carry  thingi 
from  place  to  place  in  their  common  premise.  But,  in  order  to  have  a 
reminder  that  such  permission  exists  only  because  of  the  fact  that  the 
premises  are  held  in  community,  they  all  must  contribute  to  a  loaf  enough 
for  one  for  two  meals,  and  suspend  it  in  a  prominent  place  so  that  it  will 
serve  as  a  sign  thereof.  This  form  of  electing  communal  domicile,  Eru- 
beh Hazorot,  was  instituted  by  King  Solomon. 

For  the  purpose  of  establishing  whether  or  not  things  may  be  carried 
from  place  to  place  on  the  Sabbath,  premises  in  general  were  divided  into 
four  classes:  (a)  private;  (b)  public;  (c)  neutral;  (d)  harmless. 


GUIDE    OF    JUDAISM  37 

(a)  Every  inhabited  neighborhood  which  is  walled  off,  or  fenced 
in,  or  any  trench,  the  depth  of  which  is  at  least  ten  Tephahin?,  and  the 
width  at  least  four  Tephahim,  is  classed  as  private  premises,  and  all  inhab- 
itants may  carry  necessary  things  fron>  place  to  place  within  the  limits 
thereof. 

(b)  All  streets,  fields,  and  roads,  if  they  are  sixteen  cubits  wide, 
are  classed  as  public  premises,  and  nothing  is  permitted  to  be  carried 
within,  from,  or  into  any  such  premises. 

(c)  A  place  which  is  fenced  in  on  three  sides,  and  the  fourth  side 
opens  toward  public  premises,  or  a  fenced-in  place  with  posts  from  three 
to  ten  feet  high,  or  streets  which  are  not  sixteen  cubits  wide,  or  seas, 
rivers  and  valleys,  are  classed  as  neutral  premises.     It  is  forbidden  to 
carry  within  such  limits,  but  no  punishment  is  prescribed  for  violating 
this  law. 

(d)  The  space  ten  Tephahim  above  the  ground  of  all  neutral  prem- 
ises is  classed  as  harmless,  there  being  no  offense  in  carrying  things  from 
place  to  place,  or  from  another  place  into  it,  or  from  it  into  another  place. 

Every  kind  of  implement  which  is  employed  to  do  any  work  forbid- 
den to  do  on  the  Sabbath,  is  also  forbidden  to  be  handled  on  Sabbath 
This  is  called  Mukzah.     It  must  remain  separated  throughout  the  Sab 
bath.    There  are  three  grades  of  Mukzah:     (a)  pecuniary;  (b)  prohib- 
itory ;  (c)  offensive. 

(a)  Any  costly  article  or  implement,  the  loss  or  damage  of  which 
one  would  keenly  feel,  if  such  article  or  implement  is  used  for  commercial 
or  mechanical  purposes,  must  be  separated  from  one's  hands  during  the 
Sabbath. 

(b)  Any  article  or  instrument  which  became  of  itself  prohibitory  to 
be  handled  during  twilight  on  Friday — for  example,  a  candle-stick,  which 
could  not  be  handled  while  the  lights  were  burning — must  not  be  touched 
during  the  whole  of  the  Sabbath. 

(c)  Things  which  are  offensive  to  the  senses  must  not  be  handled 
on  the  Sabbath,  unless  there  is  a  natural  necessity  for  them. 


38  GUIDE    OF    JUDAISM 

Work  which  can  not  be  done  on  Sabbath  by  one's  own  self  must  not 
be  accomplished  by  a  non-Jew,  unless  he  was  engaged  to  do  the  work 
before  the  Sabbath  was  ushered  in.  According  to  the  Rabbis,  telling  a 
non-Jew  on  the  Sabbath  to  do  w&rk  which  a  Jew  must  not  do  constitutes 
a  Shebuth,  and  is  forbidden. 

(5)  "Ye  shall  kindle  no  fire  throughout  your  habitations  upon  the 
Sabbath."  (Ibid.  xxxv.  3.) 

This  commandment  is  interpreted  to  refer  to  the  law  prohibiting 
judges  from  rendering  decisions  or  judging  offenders  on  the  Sabbath. 
Even  the  wicked  must  be  given  rest  on  that  day.  Building  a  fire  is  in- 
cluded among  the  thirty-nine  different  kinds  of  acts  prohibited  on  Sab- 
bath ;  hence  the  deduction  that  this  warning  refers  to  the  wrath  of  the 
law,  which  must  be  restrained  when  all  are  at  rest. 

The  Sabbath  day  is  the  pivot  of  Judaism.  One  who  denies  the  sacred- 
ness  of  the  Sabbath  is  equal  to  one  who  practices  idolatry.  He  who  re- 
fuses to  observe  all  other  laws  of  Judaism  is  a  sinner,  but  he  who  delib- 
erately violates  the  Sabbath  has  excluded  himself  from  the  ranks  of  Israel, 
and  his  soul  will  be  cut  off  from  Olam  ha-Ba,  if  he  dies  without  repenting. 

CHAPTER    II 

omean  en  rutwi  vvr\ 

THE  LAWS  OF  ROSH-HASHANAH  AND  YOM-HAKIPURIM 

ARE  BASED  UPON  THREE  PROHIBITIVE  AND 

FOUR  MANDATORY  COMMANDMENTS 

(i)  "In  the  seventh  month,  on  the  first  day  of  the  month,  shall  ye 
have  a  Sabbath,  a  memorial  of  blowing  of  trumpets,  an  holy 
convocation."  (Lev.  xxiii.  24.) 

The  calendar,  Sabbatical,  Jubilee,  and  agricultural  year  is  ushered  in 
on  the  first  day  of  Tishri,  which  is  the  seventh  month  of  the  regal  and 


GUIDE    OF    JUDAISM  39 

festival  year.  The  months  of  the  year  are  lunar.  The  calendar  year  of 
the  lunar  system  is  shorter  than  the  polar  year  by  10  days,  21  hours  and 
204/1080  of  an  hour.  During  the  Palestinian  period,  the  New  Moon  was 
ascertained  by  means  of  messengers,  or  observers,  who  were  sent  to  ob- 
serve and  report  the  precise  moment  of  the  birth  of  the  moon.  In  the 
more  isolated  settlements,  where  the  news  of  the  New  Moon  could  not  be 
reached  on  time,  the  New  Year  was  observed  two  days.  At  times,  when 
the  messenger  would  not  return  on  the  thirtieth  day  of  Elul,  two  days 
were  observed  even  in  Jerusalem.  The  Sanhedrin  had  made  a  rule  that  the 
day  when  the  messengers  were  expected,  as  well  as  the  following  day, 
should  be  observed.  Consequently  it  was  enacted  that  both  these  days 
should  be  joined  in  one  continuous  day  of  48  hours,  and,  in  this  way,  the 
Yoma  Arihta  was  instituted. 

The  outstanding  duty  on  Rosh  ha-Shanah  is  a  spiritual  inventory  of 
conduct,  of  means  employed,  and  of  ends  gained  or  lost.  Retrospection 
is  the  order  of  the  day.  With  the  lapse  of  a  year,  one  must  be  able  to 
discover  whether  or  not  his  course  was  upward.  Human  activity  can  not 
remain  stationary.  It  must  be  marked  with  either  progress  cr  regress. 

There  is  a  watchful  eye,  an  attentive  ear,  and  a  busy  hand,  to  see, 
comprehend,  and  take  notes  of  all  acts  of  man.  A  day  of  Judgment  must 
come.  With  the  cycle  of  a  year  such  day  arrlres. 

The  New  Year  is  an  holy  convocation,  and  a  festival,  too;  symbolic 
as  to  the  issue.  By  honest  resolutions,  by  repentance,  and  by  mutual  for- 
giveness the  decision  will  doubtless  be  favourable.  And  the  expectation 
of  such  decision  is  a  source  of  joy. 

(2)  "It  shall  be  a  day  of  blowing  the  trumpets  unto  you."  (Num. 
xxix.  I.) 

The  Shopher  is  a  ram's  horn.  It  must  be  sound.  Its  minimum 
length  must  be  a  Tephah-Sohek,  or  about  five  inches. 

If  Rosh-ha-Shanah  falls  on  a  Sabbath,  no  blowing  of  the  Shopher 
takes  place.  No  work  is  permitted  in  order  to  obtain  a  Shopher.  Every 
one,  even  minor  children,  are  obliged  to  hear  the  sound  of  the  Shopher. 


40  GUIDE    OP    JUDAISM 

The  Shopher  is  an  historical  instrument.  It  stands  for  liberty.  The 
slave,  the  homeless,  the  victims  of  war,  and  the  toiling-  masses — all  re- 
joiced to  hear  the  blast  of  its  abrupt  notes. 

There  is  a  kind  of  slavery  which  the  most  free  may  suffer.  Spir- 
itual slavery,  in  whatever  form,  deprives  its  victims  of  much  more  than 
does  physical  slavery.  An  enslaved  soul  spreads  evil  throughout  its  en- 
vironment. Liberty  is  not  a  useful  institution,  if  it  brings  about  only 
physical  happiness  for  the  moment.  When  the  sound  of  the  Shopher  is 
heard,  the  meaning  of  the  call  must  be  spiritual  as  well  as  physical.  And 
the  day  of  retrospection  was  selected  to  sound  the  keynote  of  alarm  against 
spiritual  slavery.  It  is  a  call  to  arms  against  all  evil. 

(3)     "Ye  shall  do  no  servile  work  therein."    (Lev.  xxiii.  25.) 

All  work  forbidden  on  Sabbath  must  not  be  done  on  Rosh  ha-Shanah, 
save  all  necessities  to  prepare  food,  such  as  cooking,  carrying  things  from 
place  to  place,  heating  and  lighting.  The  latter  must  be  accomplished  by 
ignition  from  another  burning  flame,  or  live  coal.  Otherwise  it  comes 
within  the  forbidden  term  of  Nolad,  or  creation. 

The  prayers  of  Rosh  ha-Shanah  are  four:  Maanb,  Shaharit,  Mus- 
saph  and  Minhah;  the  Mussaph  embracing  three  categories:  (a)  Sov- 
ereignty; (b)  Retrospection;  (c)  Shophrot. 

(a)  The  reign  of  God,  of  the  spiritual  over  the  material,  the  uni- 
versal recognition  of  God,  as  a  basis  of  true  conduct  which  leads  to  real 
good  in  life. 

(b)  The  historical  sufferings  of  the  people  of  Israel  in  its  endeavor 
to  bring  about  the  universal  recognition  of  the  Torah,  beginning  with  the 
readiness  of  Abraham  to  sacrifice  his  only  son,  Isaac. 

(c)  Liberty,  to  be  proclaimed  by  the  blast  of  the  Shopher. 

These  three  distinct  prayers  must  end  with  as  many  benedictions. 
Each  prayer  must  embrace  not  less  than  ten  passages  from  the  Bible ;  three 
from  the  Torah;  three  from  the  Psalms;  three  from  the  Prophets,  and 


GUIDE    OF    JUDAISM  41 

the  last  one,  before  the  third  benediction  is  pronounced,  again  from  the 

These  prayers  are  delivered  even  when  no  blowing  of  the  Shopher 
takes  place. 

The  reading  of  the  Torah  on  Rosh  ha-Shanah  is  as  follows:  First 
day,  Gen.  xxi. ;  Maphtir,  Num.  xxix.  1-6,  inc. ;  second  day,  Gen.  xxii. ; 
Maphtir,  as  on  first  day.  The  sections  of  the  Torah  are  respectively  di- 
vided into  five  Aliyoth,  besides  the  Maphtir,  unless  one  day  falls  on  a 
Sabbath,  when  the  Aliyoth  on  such  day  are  seven  besides  the  Maphtir. 

(4)  "It  (Yom  ha-Kipurim)  shall  be  unto  you  a  Sabbath  of  rest." 
(Lev.  xxiii.  32.) 

There  are  Ten  Days  of  Repentance  in  the  Jewish  calendar  year.  The 
Asheret  Yemoh  Teshubah  are  ushered  in  with  the  New  Year,  and  they 
culminate  on  the  Day  of  Atonement — the  most  sacred  of  all  days  in  the 
year.  Yom  ha-Kipurim  is  the  Sabbath  of  all  Sabbaths. 

The  Books  of  Life  and  Death  are  opened  on  Rosh  ha-Shanah  and 
sealed  on  Yom  ha-Kipurim.  The  righteous  are  inscribed  for  life  at  the 
very  opening  of  the  Books ;  the  wicked  are  sentenced  to  Death,  and  the 
indifferent  are  given  time  to  repent  before  the  Books  are  sealed. 

There  is  a  moral  death,  and  there  is  a  physical  death.  The  deeds  of 
the  righteous  live  forever.  They  become  the  inspiration  of  succeeding 
generations.  The  misdeeds  of  the  wicked  bring  about  death  and  destruc- 
tion wherever  encountered.  Life  becomes  purposeless  to  those  who  do  not 
find  aught  but  temporariness  upon  the  path  of  their  lives.  Life  is  full  of 
hope  and  strength,  of  purpose  and  interest  to  those  who  believe  in  the 
existence  of  Eternity. 

To  that  end  a  real  spiritual  accounting  must  take  place  periodically 
within  the  heart  of  hearts  of  every  one  capable  of  distinguishing  right 
from  wrong.  Such  accounting  is  possible  only  when  all  cares,  all  causes, 
and  all  temptations  of  an  earthly  character  are  removed. 


42  GUIDE    OP   JUDAISM 

(5)  "And  this  shall  be  a  statute  for  ever  unto  you,  that  on  the 

seventh  month,  on  the  tenth  day  of  the  month,  ye  shall  afflict 
your  souls."    (Ibid.  xvi.  29.) 

Self-satisfaction  leads  to  independence,  to  a  feeling  of  security.  Ethi- 
cal philosophers  may  scorn  the  idea  of  resorting  to  such  methods  of  af- 
fliction in  order  to  obtain  a  spiritual  victory  over  self.*  Barbarians  and 
Pagans  may  have  gone  to  extremes  in  punishing  themselves  to  please  their 
deities.  Judaism  warned  its  adherents  against  such  practices.  But  it  is 
not  for  the  sake  of  pleasing  God  that  this  commandment  was  given.  A 
sermon  on  restraint  is  out  of  place  in  a  ball-room.  A  dancing  crowd 
thinks  very  little  of  what  will  come  to  pass  after  the  movements  of  the 
feet  will  be  impossible.  Many  nations  have  disappeared  from  history  soon 
after  they  have  reached  their  material  zenith.  Only  the  suffering  are 
likely  to  feel  their  soul's  needs.  The  philosophy  of  history  furnishes  con- 
clusive proof  that  after  a  period  of  universal  suffering  men's  progress 
takes  concrete  form.  It  is  in  such  spirit  that  we  must  approach  the  Day 
of  Atonement.  By  self-restraint,  by  abstaining  from  everything  which  is 
apt  to  bring  about  a  feeling  of  self-satisfaction,  we  may  reach  out  to  the 
depths  of  our  souls,  and  discover  the  ailments  therein. 

(6)  "For  whatever  soul  it  be  that  shall  not  be  afflicted  in  that  same 

day,  he  shall  be  cut  off  from  among  his  people."     (Ibid, 
xxiii.  29.) 

Every  form  of  pleasure  is  forbidden  on  that  day.  Eating,  drinking, 
or  any  other  thing  of  comfort  is  likewise  forbidden.  One  who  spitefully 
disregards  these  laws  admits  his  denial  of  the  need  of  repentance.  He 
excludes  himself  from  the  community  which  gave  him  the  privilege  of 
making  of  himself  that  which  he  was  intended  for.  He  scorns  the  oppor- 
tunity, and  denies  the  necessity  thereof.  Eternal  life  is  not  his  hope; 
spiritual  existence  not  his  goal.  He  shall  eat  the  fruit  of  his  labours  "He 
shall  be  cut  off  from  among  his  people." 

*  See  Spencer's  Data  of  Ethics, 


GUIDE    OF    JUDAISM  43 

J    "Ye  shall  do  no  work  in  that  same  day."     (Ibid.  28.) 
Every  manner  of  labour  forbidden  on  the  Sabbath  must  not  be  done 
on  Yom  ha-Kipurim. 

The  established  rule  is  to  spend  part  of  the  night  and  the  whole  of 
the  day  in  prayer. 

During  the  day  the  Torah  is  read  twice  :  in  the  morning,  after  Sha- 
harit,  and  in  the  afternoon,  before  Minhah.  The  sections  are  :  Morning, 
Lev.  xvi.  ;  afternoon,  Ibid,  xviii.  During  the  morning  the  allotments  are 
six,  and  the  Maphtir;  during  the  afternoon  three,  the  third  being  the 
Maphtir,  when  the  whole  book  of  Jonah  is  read. 

After  the  Neilah  the  rani's  horn  trumpet  is  heard  but  once,  as  a  token 
of  spiritual  as  well  as  physical  liberty,  the  last  wish  on  that  day  being  for 
the  restoration  of  Jerusalem. 

CHAPTER   III 


THE  LAWS  OF  THE  THREE  FESTIVALS  ARE  BASED  UPON 

TEN  MANDATORY  AND  TEN  PROHIBITIVE 

COMMANDMENTS 

(1)  "Even  the  first  day  ye  shall  put  away  leaven  out  of  your 

houses."    (Exod.  xii.  15.) 

(2)  "Ye  shall  eat  nothing  leavened."     (Ibid.  20.) 

(3)  "There  shall  no  leavened  bread  be  eaten."    (Ibid.  xiii.  3.) 

(4)  "Seven  days  there  shall  no  leaven  be  found  in  your  houses." 

(Ibid.  xii.  19.) 

(5)  "And  there  shall  no  leavened  bread  be  seen  with  thee."    (Ibid. 

xiii.  7.) 

(6)  "Thou  shalt  not  eat  leavened  bread  with  it."    (Deut.  xvi.  3.) 

(7)  "In  the  first  month,  on  the  fourteenth  day  of  the  month  at  even, 

ye  shall  eat  unleavened  bread."     (Exod.  xii.  18.) 


44  GUIDE    OF    JUDAISM 

These  commandments  are  the  basis  upon  which  all  rules  regarding 
leaven  and  unleaven  were  established.  The  laws  concerning  Homoz 
u-Mazoh  are  divided  into  five  branches.  They  are:  (a)  Removal  of 
leaven;  (b)  to  abstain  from  eating  it;  (c)  preventive  measure  against 
economic  loss;  (d)  preparation  of  unleavened  bread;  (e)  when  to  eat  it. 

(a)  The  leaven  must  be  removed  before  the  forbidden  time  of  eat- 
ing it  is  approached.     The  offering  of  the  Pascal  Lamb  was  ordered  to 
take  place  on  the  fourteenth  day,  and  it  was  forbidden  to  eat  leaven  be- 
fore offering  it,  or  to  offer  it  while  the  leaven  was  still  about  the  premises. 
(Deut.  xvi.  3;  Exod.  xxiii.  18.)     The  inference,  therefore,  is  that  the 
leaven  must  be  removed  before  the  afternoon  of  the  fourteenth  day.    The 
established  rule  is  to  have  every  place  about  one's  house  cleaned  of  every- 
thing leaven  on  the  evening  preceding  the  fourteenth  day,  when  the  in- 
spection of  the  premises  takes  place.    Leaven  is  anything  in  the  nature  of 
food  or  drink  which  is  made  of  or  partly  contains  millet,  wheat,  rye,  bar- 
ley, or  oats.     In  diaspora  it  was  accepted  to  include  in  leaven  all  other 
grain  and  the  genius  pisum,  or  Kitniyoth.    Removal  means  the  actual  de- 
struction of  every  form  of  leaven  before  the  afternoon  of  the  fourteenth 
day.    It  is  the  custom  to  burn  some  of  the  crumbs  of  leaven  which  were 
gathered  on  the  preceding  night  during  inspection,  or  Bedikah. 

(b)  Eating  is  interpreted  to  include  any  particle  of  solid,  or  any 
drop  of  liquid,  either  of  pure  or  mixed  leaven,  even  when  such  particle  or 
drop  chances  to  be  in  a  large  quantity  of  otherwise  permissible  food  or 
drink.    For  example,  one  grain  of  rye,  or  oats,  or  barley,  or  millet,  or 
wheat,  if  it  be  found  in  a  pot  wherein  a  whole  dinner  was  being  prepared, 
will  render  all  of  it  forbidden  food  during  Pesah.    In  the  first  four  hours 
during  the  morning  of  the  fourteenth  day  of  Nissan    the  eating  of  leaven 
is  permitted.    Later  than  that  everything  which  is  considered  leaven  must 
not  be  eaten,  or  even  seen,  in  one's  own  premises  till  the  end  of  Pesah. 

(c)  Not  alone  is  leaven  forbidden  food  or  drink  during  the  Pesah, 
but  if  it  remained  in  Jewish  ownership  and  premises  during  the  Pesah,  it 


GUIDE    OF    JUDAISM  45 

is  forbidden  food  or  drink  even  after  Pesah.  It  can  not  be  sold  or  ex- 
changed for  anything  of  value.  Leaven  must  not  be  eaten,  seen,  or  found 
in  one's  premises.  It  must  be  destroyed  entirely.  But  in  this  the  Rabbis 
have  improved  upon.  Leaven  must  be  the  property  of  an  Israelite  in  order 
to  come  under  the  rigor  of  the  law.  If  it  is  the  property  of  a  non-Jew,  it 
is  not  at  all  subject  to  the  laws  of  leaven  on  Pesah.  To  prevent  a  possible 
economic  loss  of  great  magnitude,  it  was  enacted  that  a  sale  to  a  non-Jew 
of  all  leaven,  of  even  a  whole  community,  will  be  a  good  preventive.  Ac- 
cordingly, a  form  of  sale  of  all  leaven  and  the  immovables  in  which  it  is 
stored  was  authorized.  The  sale  is  a  formal  one,  with  a  consideration,  and 
subsidiary  conditions,  chief  among  them  being  the  one  dealing  with  the 
right-of-way  of  the  vendors.  As  collateral  security,  the  vendors  retain  a 
hypothec  on  everything  disposed  of,  the  fact  being  that  one  can  not  vio- 
late the  laws  of  leaven  by  being  the  owner  of  incorporeal  property  not- 
withstanding that  such  right  of  property  is  derived  from  a  former  owner- 
ship of  leaven.  The  clause  of  resolutoire  in  the  conveyance  is  made  to  be 
operative  immediately  after  the  lapse  of  the  Pesah,  thus  making  it  impos- 
sible for  any  unpleasant  litigation  with  an  insincere  purchaser. 

(d)  The  unleavened  bread,  or  mazoth,  can  be  made  of  five  kinds  of 
grain  only,  viz. :  wheat,  rye,  oats,  barley,  or  millet.  All  other  kinds  of 
grain  are  disallowed  for  Mazoth  Mizvah.  The  grain  must  be  harvested 
dry.  The  water  used  for  making  the  dough  must  not  be  gotten  from  the 
river  or  reservoir  during  the  day.  The  custom  is  to  get  the  water  after 
sunset,  and  keep  it  in  buckets  or  a  special  reservoir  during  the  night.  The 
reason  being  that  water,  in  its  original  place,  is  of  a  higher  temperature 
mornings  and  it  may  cause  the  dough  to  leaven  before  it  comes  to  the 
oven.  From  the  time  of  making  the  mixture  till  the  Mazoth  is  put  in  the 
oven  very  little  time  (some  limiting  it  to  but  five  minutes)  must  be  con- 
sumed. No  salt  must  be  used  in  the  dough.  Only  flour  and  water.  Great 
care  is  recommended  in  obtaining  Mazoth  for  Pesah,  particularly  as  to 
the  methods  employed  in  baking. 


46  GUIDE    OF    JUDAISM 

(e)  The  commandment  to  eat  unleavened  bread  makes  it  obligatory 
only  on  the  first,  or  Seder,  night.  During  the  rest  of  the  Pesah  the  eating 
of  it  is  voluntary.  No  leaven  is  permitted  to  be  eaten,  but  one  may  have 
his  choice  of  food  which  is  not  leavej 

(8)  "In  the  first  day  is  an  holy  convocation ;  (9)  ye  shall  do  no 
servile  work  therein;  (10)  in  the  seventh  day  is  an  holy 
convocation;  (n)  ye  shall  do  no  servile  work  therein." 
(Lev.  xiii.  7-8.) 

Because  of  following  the  lunar  system  for  the  months  and  the  solar 
system  for  the  years,  there  was  always  an  uncertainty  as  to  the  month  of 
Nissan.*  It  was  therefore  ordered  that  two  days  instead  of  one  shall  be 
observed  in  diaspora.  Therefore,  the  first  and  last  two  days  are  holy  con- 
vocations. No  manner  of  labour  is  permitted,  save  only  cooking,  heating 
and  lighting,  or  carrying  necessary  things  from  one  premise  into  another. 
The  interval  are  semi-holidays,  or  Hol-ha-Moed. 

The  services  of  Pesah  are  ushered  in  with  Maarib,  m  which  the  Ami- 
dah  of  the  Three  Festivals,  with  special  references  of  the  day,  is  deliv- 
ered. After  which  comes  the  Seder,  the  most  important  home  service  in 
the  Jewish  religion. 

At  every  morning  service  during  Pesah  special  selections  are  read 
from  the  Torah,  each  selection  being  divided  into  five  Aliyoth,  besides 
the  Maphtir,  on  the  first  and  last  two  days ;  and  into  four  Aliyoth  during 
the  Hol-ha-Moed.  The  selections  read  are  as  follows :  First  day,  Exod. 
xii.  21-51,  inc.;  Maphtir,  Num.  xxviii.  16-25,  mc-  >  second  day,  Lev.  xxii. 
26-33,  mc-»  a°d  Ibid,  xxiii. ;  Maphtir  as  on  previous  day ;  third  day,  Exod. 
xiii.  1-16,  inc. ;  fourth  allotment,  Num.  xxviii.  19-25 ;  fourth  day,  Exod. 
xxii.  24-30,  inc.,  and  Ibid,  xxiii.  1-19,  inc. ;  fourth  allotment,  as  on  previous 
day ;  fifth  day,  Ibid,  xxxiv.  1-26,  inc. ;  fourth  allotment,  as  on  previous  day ; 
sixth  day,  Num.  ix.  1-15,  inc. ;  fourth  allotment,  as  on  previous  day;  sev- 

»  See   infra   New   Moon,    Intercalation. 


GUIDE    OF    JUDAISM 

47 

enth  day,  Exod.  xiii.  17  to  xv.  26,  inc. ;  Maphtir,  as  fourth  allotment  on 
previous  day ;  eighth  day,  Deut.  xv.  19  to  xvi.  17,  inc. ;  Maphtir,  as  on 
previous  day. 

The  first  day  of  Passover,  according  to  the  lunal  calendar,  can  fall  on 
a  Saturday,  Sunday,  Tuesday,  or  Thursday.  If  the  first  day  falls  on  a 
Thursday,  the  reading  of  the  Torah  on  Hoi  ha-Moed  is  changed  as  fol- 
lows: third  day,  Exod.  xxiv.  1-26,  inc. ;  fourth  day,  Ibid.  xiii.  1-16;  sixth 
day,  Num.  ix.  1-15 ;  the  fourth  allotment  as  when  Pesah  falls  on  other 
days. 

(12)  "And  thou  shalt  shew  thy  son  in  that  day,  saying:  This  is 
done  because  of  that  which  the  Lord  did  unto  me  when  I 
came  out  of  Egypt."  (Exod.  xii.  8.) 

Liberty,  under  organized  society,  is  the  foundation  of  civilization. 
The  economic,  educational,  moral,  sociological,  scientific  and  political  de- 
velopment of  a  State  is  commensurate  to  the  degree  of  liberty  enjoyed  by 
its  individual  members.    Liberty  is  the  first  necessity  of  the  human  being. 
The  bread  of  the  slave  is  not  a  source  of  vitality ;  it  is  only  a  prolongation 
of  misery,  a  stay  of  execution.    We  learn  to  know  this  by  experience  and 
by  observation.    The  experience  of  a  nation  is  mirrored  in  its  history. 
From  the  fragmentary  chapters  of  a  people's  history  comes  forth  a  co- 
hesive philosophy  which  forms  an  undercurrent  for  a  biological  stream  of 
succeeding  generations.     No  people  could  sever  its  connection  with  its 
tradition  and  claim  to  be  what  it  is,  unless  it  proclaims  itself  savage  and 
wishes  to  be  designated  as  such.    And  it  is  more  than  the  sense  of  pride 
which  prevents  such  conduct.    The  force  of  evolution  in  humankind  is  as 
strong  as  the  force  of  nature  is  in  metamorphizing  larva.    A  nation  may 
rise  and  decay,  but  it  will  not  be  the  fault  of  its  Maker,  if  it  does  decay. 
It  is  within  its  powers  to  continue  on  an  onward  course.     There  is  no 
more  predestination  for  a  whole  people  than  there  is  for  an  individual. 
Nations,  like  individuals,  may  vary  in  physical  strength  and  in  mentality, 


48  GUIDE    OF    JUDAISM 

but  the  proportional  functioning  of  the  organic  total  is  regulated  by  the 
will  power  of  either  the  nation  or  the  individual. 

In  order  to  secure  the  perpetuity  of  a  nation,  its  course  must  not  be 
interrupted  by  any  of  the  destructive  elements.  A  nation  might  be  de- 
stroyed by  losing  its  territory,  its  language,  or  its  political  independence. 
Assimilation,  absorption  and  dispersion  are  slower  but  surer  elements  of 
destruction.  Very  few  races  have  survived  after  they  were  forced  out  of 
their  native  soil.  Nearly  all  ancient  races  are  found  on,  or  near,  their 
original  territories.  The  ancient  races  which  were  forced  out  of  their 
lands  were  lost,  and  no  trace  was  left  after  them.  The  difficulties  ethnol- 
ogists encounter  in  tracing  the  nativity  of  primitive  races  establish  beyond 
a  peradventure  that  nations  are  lost  just  because  of  the  reasons  advanced. 

According  to  all  these  rules,  there  should  not  have  been  left  a  trace 
of  the  Jewish  people.  They  suffered  the  loss  of  their  land,  of  their  lan- 
guage, of  their  political  freedom;  they  suffered  dispersion,  expulsion, 
forced  assimilation  and  absorption,  and,  notwithstanding  all,  their  exist- 
ence is  a  certainty.  Moreover,  there  are  numerous  reasons  which  sustain 
the  contention  of  Jewish  patriots  that  without  a  common  government,  ter- 
ritory, language,  or  political  system  of  organization  the  people  of  Israel 
must  be  numbered  among  the  living  nations.  Such  phenomenon  is  noth- 
ing short  of  the  miraculous. 

But,  after  a  close  analysis,  we  trace  quite  clearly  natural  reasons 
which  are  in  accord  with  all  biological  principles.  The  birth  of  the  Jew- 
ish people,  its  very  dramatic  appearance  among  the  family  of  nations,  was 
unique.  It  was  born  a  mental  giant.  Two  centuries  of  slavery  and  pri- 
vation hardened  its  constitution,  and  made  it  ready  to  follow  advanced 
leadership.  Liberty  was  the  foundation  of  the  new  culture  entrusted  in 
its  care.  A  whole  system  of  laws  was  handed  to  it  at  one  time,  without 
being  forced  to  suffer  ages  of  lawlessness.  The  religion  given  to  it  was 
not  a  compromise  between  Heathenism  and  Paganism.  The  whole  being 


GUIDE    OF    JUDAISM  49 

a  fountain  of  eternal  youth  and  love  of  life.  And,  as  the  generations 
rolled  on,  its  leaders  continued  to  safeguard  its  existence  by  fortifying  the 
spiritual  center,  the  Torah,  with  indestructible  material.  Before  a  pos- 
sible enemy  could  attack  one  commandment  of  the  Torah,  he  must  first 
conquer  all  defensive  works  built  around  it  by  generations  of  skilled 
patriots. 

Thus,  when  we  behold  the  background  upon  which  the  great  scene  of 
Israel's  entrance  upon  the  stage  of  history  was  painted,  when  we  see  how 
wonderfully  it  all  was  preserved  throughout  the  ages ;  when  we  witness 
the  sight  of  the  Seder,  how  after  many  generations  of  serfdom  father  and 
son  alike  are  inspired  with  the  hope  of  liberty,  we  must  arrive  at  the  con- 
clusion that  the  only  source  of  vitality,  the  real  secret  of  the  perpetuity  of 
the  Jewish  race,  is  in  the  Torah. 

The  Hag  ha-Herut  is  a  study  in  the  philosophy  of  Jewish  history.  It 
is  then  that  the  indestructibility  of  the  followers  of  the  Torah  asserts 
itself  with  all  the  powerful  manifestations  of  biological  evolution.  The 
Torah  has  created  a  spiritual  community,  an  intellectual  unit,  out  of  a 
myriad  fragments,  scattered  throughout  the  five  continents.  And  at  no 
time  in  the  year  does  this  fact  manifest  itself  more  than  on  the  Feast  of 
Liberty. 

Bread  of  Affliction,  Four  Goblets  of  Wine,  Bitter  Herbs — all  tell  the 
wonderful  story  of  slavery  and  liberty,  of  suffering  and  hope,  of  martyr- 
dom and  deliverance,  of  despair  and  determination. 

And  the  wonderful, lesson  Pesah,  the  Exodus,  the  slavery,  Pharaoh, 
and  the  triumphant  delivery  convey  to  the  individual,  or  nation,  in  a 
spiritual  sense !  The  whole  story  being  interpreted  as  figurative  speech ; 
Pharaoh  as  the  Evil  in  man ;  Israel  as  the  soul,  Egypt  as  the  body,  Moses 
as  the  Good  in  man,  and  the  final  triumph  of  the  Good  over  the  Evil! 

And  all  these  as  an  introduction  to  the  Revelation  upon  Sinai. 


50  GUIDE    OF    JUDAISM 

(13)  "And  ye  shall  proclaim  on  this  self-same  day  that  it  may  be 
an  holy  convocation  unto  you ;  ( 14)  ye  shall  do  no  servile 
work  therein."  (Lev.  xxiii.  21.) 

The  Feast  of  Weeks  is  an  holy  convocation.  No  kind  of  labour  is 
permitted,  save  only  cooking,  heating,  lighting,  or  carrying  necessary 
things  from  one  premise  into  another.  The  festival  is  in  commemoration 
of  the  Revelation  upon  Sinai. 

It  is  also  known  as  the  Feast  of  Firstfruits,  in  commemoration  of  the 
first  ripe  fruit  brought  as  an  offering  in  the  Temple  on  that  day. 

From  the  second  day  of  Pesah,  which  is  the  sixteenth  day  of  Nisaan 
till  the  sixth  day  of  Sivan,  the  anniversary  of  Revelation,  elapse  seven 
weeks.  Therefore  was  the  festival  named  Hag  ha-Shabuot. 

The  festival  is  ushered  in  with  the  Maarib,  the  Amidah  being  the  one 
of  the  Sholosh-Regolim,  with  special  mention  of  the  sacredness  of  the 
day.  During  the  morning  the  Musaph  of  the  Three  Festivals  form  part 
of  the  service. 

The  sections  of  the  Torah  read  after  Shaharit  are  as  follows :  First 
day,  Exod.  xix.  i.  and  the  whole  of  Ibid.  xx. ;  Maphtir,  Num.  xxviii. 
26-31,  inc.;  second  day,  Deut.  xv.  19  to  xvi.  17,  inc.,  except  when  it  falls 
on  Sabbath,  when  the  reading  begins  Ibid.  xiv.  22 ;  Maphtir,  as  on  pre- 
ceding day. 

In  diaspora  the  festival  is  observed  two  days. 

Up  to  the  Revelation,  the  commandments  known  to  the  then  civilized 
world  were  seven  in  number,  viz.:  (a)  belief  in  God;  (b)  idolatry;  (c) 
murder;  (d)  incest;  (e)  live  flesh  of  beasts;  (f)  right  of  property;  (g) 
laws  pertaining  to  such  right.  (Noahin  Commandments.) 

The  Ten  Commandments  are:  (a)  I  am  the  Lord  thy  God;  (b) 
Thou  shalt  have  no  other  gods  before  me ;  (c)  Thou  shalt  not  take  the 
name  of  the  Lord  thy  God  in  vain;  (d)  Remember  the  Sabbath  day,  to 


GUIDE    OF    JUDAISM  51 

keep  it  holy;  (e)  Honour  thy  father  and  thy  mother;  (f)  Thou  shalt  not 
kill;  (g)  Thou  shalt  not  commit  adultery;  (h)  Thou  shalt  not  steal;  (i) 
Thou  shalt  not  bear  false  witness  against  thy  neighbor;  (j)  Thou  shalt 
not  covet. 

(15)  "Ye  shall  dwell  in  booths  seven  days."    (Lev.  xxiii.  42.) 

(16)  "On  the  first  day  shall  be  an  holy  convocation;  (17)  ye  shall 

do  no  servile  work  therein.  ( 18)  On  the  eighth  day  shall 
be  an  holy  convocation;  (19)  ye  shall  do  no  servile  work 
therein."  (  Ibid.  34-36.) 

Sukkot  is  on  the  fifteenth  day  of  Tishri.  The  first  and  the  last  two 
days,  in  diaspora,  are  observed  as  holy  convocations.  No  work  is  per- 
mitted, save  cooking,  lighting,  and  heating,  as  well  as  carrying  necessary 
things  from  one  premise  into  another.  There  is  an  interval  of  five  semi- 
holidays,  the  fifth  one  being  ho-Shanah  Raba. 

The  dwelling  in  Booths  is  obligatory  only  when  the  weather  is  not  in- 
jurious to  one's  health.  An  unusual  wind,  frost,  or  rain  are  reasons  to 
exempt  one  from  dwelling  in  the  Sukkah. 

The  Sukkah  is  a  temporary  booth,  constructed  of  and  covered  with 
any  material  which  may  be  classed  as  either  an  agricultural  or  horticul- 
tural product. 

Sukkot  is  entirely  an  agricultural  holiday.  It  is  named  Hag-ha- 
asiph.  Harvesting  during  the  Palestinian  era  was  an  occasion  of  great  joy 
in  Israel.  Here  again  we  witness  the  phenomenon  how  a  people  lives  iri| 
the  shadows  of  a  dead  past  and  actually  lives  through  it,  and  rejoices  with 
the  memory  still  fresh  in  its  mind.  It  is  a  form  of  reward  for  keeping 
history  alive.  Even  the  prayer  for  rain,  on  the  eighth  day  is  continued. 
It  is  the  real  ray  of  hope  for  a  restored  physical  Zion. 

The  festival  is  ushered  in  with  the  Maarib  prayer,  the  Amidah  being 
of  the  Sholosh-Regolim,  with  special  reference  of  the  day.  .Musaph  is 
recited,  with  reference  to  the  occasion  of  joy. 


52  GUIDE   OF  JUDAISM 

The  reading  of  the  Torah  is  as  follows :  First  two  days,  Lev.  xxii. 
26  to  xxiii. ;  Maphtir,  Num.  xxix.  12-17,  inc.  During-  Hol-ha-Moed ;  first 
day,  Ibid.  xxix.  17-25,  inc. ;  fourth  allotment,  repeat  Ibid.  17-22 ;  second 
day,  Ibid.  20-29;  fourth  allotment,  repeat  Ibid.  20-26;  third  day,  Ibid. 
23-31 ;  fourth  allotment,  repeat  Ibid.  23-29;  fourth  day,  Ibid.  26-34;  fourth 
allotment,  repeat  26-30;  Hoshanah  Raba,  Ibid.  26-34;  fourth  allotment, 
29-34.  If  one  day  Hoi  ha-Moed  falls  on  a  Sabbath,  Exod.  xxxiii.  12  to 
xxxiv.  26,  inc. ;  Maphtir,  if  first  day,  Num.  xxix.  17-25 ;  if  second  day, 
Ibid.  20-29,  etc. 

(20)     "And  ye  shall  take  you  on  the  first  day  the  fruit  of  goodly 
trees,  branches  of  palm  trees,  and  the  boughs  of  thick  trees, 
and  the  willows  of  the  brook."    (Lev.  xxiii.  42.) 
The  fruit  of  the  goodly  tree  is  the  Ethrog;  the  branches  of  palm 
trees  are  the  Lulab ;  the  boughs  of  the  thick  trees  are  the  Hadasim ;  and 
the  willows  of  the  brook  are  the  Arabit. 

The  Sukka  and  the  Four  Kinds  are  more  than  ritualistic  symbols,  or 
articles  of  ceremony.  The  Sukka  is  the  emblem  of  temporariness,  the 
token  of  insecurity.  It  really  illustrates  the  life  of  a  wanderer.  It  was 
ordained  in  commemoration  of  the  booths  in  which  the  people  of  Israel 
lodged  when  they  wandered  through  the  wilderness.  It  is  symbolic  of 
the  history  of  the  Jewish  people.  For  centuries  the  life  of  the  Jew  was 
the  life  of  a  wanderer,  with  all  his  belongings  in  portable  condition.  Nev- 
ertheless, Sukkot  is  a  festival  of  joy.  The  optimism  of  the  Jews  springs 
forth  from  a  fountain  of  hope.  Where  every  natural  indication  seems 
against  them,  their  faith  in  a  special  Providence  comes  to  the  rescue. 
Unusual  winds,  rain,  snow,  or  cold  may  chase  them  even  from  the  Sukka, 
but  the  comforting  idea  is  that  it  will  not  go  on  that  way  forever. 

The  Sukka  is  also  the  token  of  life  itself,  as  it  is  among  the  genera- 
tions of  men.  Life  is  but  temporary,  subject  to  all  ills,  and  uncertain  as 
to  when  its  end  will  come.  The  soul  is  but  a  visitor  upon  earth.  Gener- 


GUIDE   OF   JUDAISM  53 

ations  are  but  wandering;  and  vanishing  shadows,  as  the  shadows  of  birds 
in  their  flight.  Perhaps,  due  to  what  the  Sukka  reminds,  it  was  ordained 
that  the  Book  of  Ecclesiastes  shall  be  read  during  the  festival. 

The  four  kinds  of  plants,  too,  have  their  moral  significance.  The 
Ethrog,  the  Lulab,  the  Hadat,  and  the  Arabah — might  they  not  symbolize 
the  scholar,  the  artistocrat,  the  merchant,  and  the  toiler?  The  people  of 
Israel  was  charged  to  bind  the  Four  Kinds  together,  and  rejoice  with  it, 
before  the  Lord.  Would  it  not  be  a  joy  to  mankind  to  unite  all  elements 
of  society  for  its  own  welfare,  for  its  own  safety,  for  the  good  of  life 
and  the  living? 

The  commandments  of  the  Torah  must  be  observed  whether  we  find 
a  reason  for  them  or  not;  but  the  best  reason  is  found  in  Israel  itself. 
The  Torah  is  the  sole  source  of  its  culture,  and  it  survives  even  the  very 
instruments  which  were  directed  against  it  to  destroy  it. 

CHAPTER   IV 

pm  rnxo  ,rp:yn  ,nms  .roun  ,«nin  BW 

THE  LAWS  CONCERNING  THE  SANCTIFICATION  OF  THE 

NEW  MOON  ARE  BASED  UPON  ONE  MANDATORY 

COMMANDMENT;  ALSO  CONCERNING  MINOR 

FESTIVALS,  AND  FAST  DAYS,  AND 

THE  SEVEN  RABBINICAL 

COMMANDMENTS 

(i)     "This  month  shall  be  unto  you  the  chief  of  months;  the  first 
shall  it  be  unto  you  of  the  months  of  the  year."     (Ex. 
xii.  2.)    "Observe  the  month  of  Abib."    (Deut.  xvi.  I.) 
The  months  are  lunar  but  the  years  are  solar,  in  the  Hebrew  reckon- 
ing.   To  establish  the  equalization,  intercalation  became  a  necessity.    The 
solar  year  is  longer  than  the  lunar  year  with  10  days,  21  and  240/1080 


54  GUIDE    OP    JUDAISM 

hours.    When  about  thirty  days  accumulate,  a  month  is  added,  in  order  to 
equalize  the  lunar  with  the  solar  year. 

Moses  transmitted  the  secret  of  intercalation  to  his  successor,  and  so 
it  came  down  through  the  generations  till  Hillel  II  made  the  secret  public. 
At  first  the  only  means  employed  to  establish  both  the  New  Moon  and 
the  month  Abib  was  observation.  Then  observation  was  aided  by  calcu- 
lation, till  finally  the  whole  science  was  established  upon  calculate 

Because  the  year  is  solar,  the  only  month  possible  to  add  is  Adar,  so 
that  the  Passover  will  be  in  the  month  Abib.  Otherwise  the  Passover 
might  be  some  time  during  the  spring  and  some  time  during  the  winter. 

The  equalization  between  the  lunar  and  solar  years  comes  about  once 
in  nineteen  years,  by  adding  seven  extra  months  during  that  cycle.  In 
twenty-eight  solar  years  there  takes  place  an  equalization  of  the  hours  and 
days  of  the  week,  which  is  identical  with  the  common  year  in  vogue  among 
the  modern  nations.  During  thirteen  lunar  cycles,  or  once  in  247  years, 
there  takes  place  an  equalization  of  the  number  of  weeks.  Thus,  from 
the  very  appearance  of  the  Jewish  people  they  were  charged  to  know  the 
planetary  system,  and  learn  from  it  the  wonderful  worRs  of  God.  It  was 
for  this  reason  that  the  New  Moon  was  established  as  a  festival  during 
the  Palestinian  days.  In  diaspora  the  New  Moon  is  graced  by  an  addi- 
tional prayer,  to  commemorate  the  additional  offering  in  the  Temple,  and 
by  reading  selections  of  the  Torah. 

The  selections  of  the  Torah  read  on  the  New  Moon  are :  Num.  xxviii. 
1-15,  inc.,  divided  into  four  Aliyot.  The  second  Aliyah  begins  wth  Ibid.  3, 
which  is  a  partial  repetition  of  the  first.  If  the  New  Moon  falls  on  a 
Sabbath,  part  of  Ibid  is  read  as  Maphtir. 

The  other  festivals  which  were  ordained  by  the  Rabbis  in  commemo- 
ration of  historical  events  are:  (a)  Hanukah  and  (b)  Purim. 

(a)  The  downfall  of  Greece  was  a  signal  for  Syria  to  crush  Ju- 
daea and  prevent  it  from  becoming  a  valued  ally  to  Rome,  which  was  then 
attracting  to  itself  small  nations  in  order  to  effect  its  policy  of  Imperial- 


GUIDE    OF    JUDAISM  55 

ism.    The  plan  of  the  Syrians  was  put  in  concrete  shape  soon  after  it 
suffered  defeat  in  Egypt  at  the  hands  of  Rome.    Antiochus  Epiphanes — 
or,  more  correctly,  Epimanes  (madman) — laid  his  plans  to  ruin  Judaea 
by  striking  at  the  soul  of  Judah.    The  climax  was  reached  when,  in  3592, 
his  armies  entered  Jerusalem,  plundered  its  inhabitants,  defiled  the  Tem- 
ple, and  killed  thousands  of  innocent  lives.    In  Modin,  a  town  near  Jeru- 
salem, lived  Mattathias,  the  Hasmonean,  and  his  five  sons :  John,  Simon, 
Judah,  Eleazar,  and  Jonathan.    To  this  Hasmonean  family  the  fearless 
manhood  of  Judaea  flocked,  and  engaged  the  enemy  on  the  battlefield. 
Victory  followed  victory,  until  on  the  twenty-fifth  day  of  the  month  Kislev 
in  the  year  3592  (169  B.C.E.),  the  whole  of  Palestine  was  rid  of  the 
Syrian  hosts.     The  Temple  was  purified,  and,  looking  for  unpolluted 
ointment,  a  small  cruse,  sealed  with  the  seal  of  the  High  Priest,  was  found 
hidden  beneath  the  floor  of  the  Temple.    Ordinarily  such  cruse  of  oint- 
ment could  not  have  supplied  the  Menorah  for  eight  successive  days ;  but 
it  did,  miraculously.    The  festival  was  therefore  named  Hag  ha-Norot. 
It  is  also  known  as  the  Hag  ha-Makbim.     That   Hasmonean   family 
adopted  as  a  motto  upon  the  flag  of  the  army  the  words  of  "Who  is  like 
unto  Thee  among  the  mighty,  O  Lord?"  (Exod.  xv.  n),  the  Hebrew 
initial  letters  of  which  are  M.  K.  B.  I.    The  family  subsequently  took  the 
surname  of  Makabi,  with  Judah  as  the  central  figure. 

Hanukah  is  specifically  a  national  festival,  but  throughout  the  years 
of  exile  its  significance  was  interpreted  mostly  on  religious  ground.  And 
wisely  so. 

The  Hanukah  candles  are  sacred.  No  work  must  be  performed  by 
their  lights.  The  candles  are  lit  as  follows:  The  first  night,  one;  the 
second  night,  two,  adding  one  candle  each  night,  till  on  the  last  night  eight 
candles  are  lit.  The  festival  is  eight  days  in  accordance  with  the  law  of 
the  dedication  of  Tabernacle,  which  lasted  eight  days. 


56  GUIDE    OF    JUDAISM 

Every  day  of  Hanukah,  selections  of  the  Torah  are  read  as  follows : 
Num.  vii.  i  to  Ibid.  viii.  4,  inc.,  adding  each  day  two  Neshiyim.  The 
sixth  day  always  being  the  New  Moon  of  Tebet,  four  Aliyot  are  read, 
three  pertaining  to  the  New  Moon,  and  the  fourth  to  Hanukah.  If  the 
seventh  day  of  Hanukah  happens  to  be  the  second  day  of  New  Moon  of 
Tebet,  the  same  rule  is  followed,  only  the  Nashi  is  that  of  the  seventh  day 
Hanukah. 

(b)  Purim  is  founded  upon  the  Book  of  Esther,  which,  like  the 
Torah  itself,  will  ever  be  read,  even  after  the  restoration  of  Zion.  The 
reading  of  the  Megilah  is  obligatory,  being  one  of  the  mandatory  com- 
mandments enacted  by  the  Rabbis.  It  is  entirely  a  festival  of  joy.  The 
distribution  of  alms  among  the  poor  is  also  obligatory.  The  Torah  is  read 
during  the  morning  from  Exod.  xiii.  8-15,  inc. 

As  was  pointed  out,  Judaism  does  not  tolerate  the  idea  of  multiply- 
ing physical  pain  for  the  sake  of  pleasing  God.  Nevertheless,  the  na- 
tional consciousness  of  the  people  of  Israel  has  asserted  itself  through  the 
persistent  efforts  of  the  Rabbis  to  keep  alive  the  scattered  fragments  as  a 
living  unit.  Particular  care  was  taken  to  keep  the  Jewish  history  alive, 
and  transmit  it  from  generation  to  generation  without  lessening  any  im- 
portant feature.  The  best  method  was  to  keep  it  alive  in  the  synagog. 
However,  the  greatest  of  all  calamities  were  already  commemorated  by 
the  last  prophets. 

Besides  the  Day  of  Atonement,  there  are  five  fast  days  during  the 
yegr.,  Io.ur  of  which  were  instituted  immediately  after  the  destruction  of 
me  First  Temple.  They  are :  On  the  third  day  of  Tishri,  Zom  Gedaliah ; 
on  the  Tenth  day  of  Tebet;  on  the  seventeenth  day  of  Tamuz ;  on  the 
ninth  day  of  Ab. 

Zom  Gedaliah:  Before  the  destruction  of  the  First  Temple,  on  the 
morrow  after  Rosh  ha-Shanah,  Isemael  ben  Nethania  killed  Gedaliah  ben 
Ahikam,  the  prophet  and  priest,  in  the  Temple.  It  was  a  great  tragedy 


GUIDE   OF  JUDAISM  67 

and  a  reason  to  hasten  the  destruction  of  the  remnant  of  Israel's  scattered 
forces.    To  atone  this  crime,  a  fast  day  was  ordered. 

Asarah  be-Tebet :   On  the  tenth  day  of  Tebet,  Nebuchadnezzar  be* 

sieged  Jerusalem,  which  was  but  little  garrisoned  or  provisioned. 

Shibah  Asar  be-Tamuz :  The  seventeenth  day  of  Tamtiz  is  a  fate- 
ful day  in  Jewish  history.  On  that  day  Moses  broke  the  Two  Tables, 
the  daily  offering,  Karban  Tamid,  ceased  in  the  First  Temple,  Jerusalem 
was  broken  open  before  the  destruction  of  the  Second  Temple,  the  Torah 
was  burnt,  and  an  idol  was  placed  in  the  sanctuary. 

Tisha  be-Ab :  The  ninth  day  of  Ab,  too,  is  a  fateful  day  in  Jewish  his- 
tory. On  that  day  the  decree  that  the  generation  of  the  wilderness  shall 
not  enter  Palestine  was  pronounced ;  both  of  the  Temples  were  destroyed ; 
the  City  of  Bether  was  razed  to  the  ground,  and  the  last  defence  of  Israel 
was  gone ;  and  the  sanctuary  was  ploughed  through  with  ploughs. 

These  four  fast  days  will  be  turned  into  festivals  of  joy,  according  to 
the  promises  of  Zechariah  (viii.  19). 

The  fifth  fast  day  is  on  the  thirteenth  day  of  Adar,  the  day  before 
Purim.  Taanit  Esther  is  founded  upon  the  Megilat  Esther. 

All  these  fast  days,  if  they  fall  on  a  Saturday,  must  be  postponed  till 
the  day  following.  Tisha  be-Ab  was  ordered  to  be  as  much  a  fast  day  as 
Yom  ha-Kipurim,  save  only  in  reference  to  work.  No  food  or  drink  is 
permitted  from  sunset  to  sunset. 

The  reading  of  the  Torah  on  all  fast  days  are:  Exod.  xxxii.  11-14, 
inc.,  and  Ibid,  xxxiv.  i-io,  inc. ;  during  the  afternoon,  the  third  Aliyah  is 
called  maphtir,  and  Isaiah  iv.  6  to  Ivi.  8,  inc.,  is  read.  Tisha  be-Ab: 
Morning,  Deut.  iv.  25-40,  inc.,  the  third  Aliyah  is  maphtir,  and  Jeremiah 
viii.  13  to  ix.  23,  inc.,  is  read ;  during  the  afternoon,  the  same  as  on  other 
fast  days. 

On  Tisha  be-Ab  during  the  morning  no  Talit  or  Tephilin  is  permit- 
ted to  be  put  on.  These  are  put  on  during  Minha. 


58  GUIDE    OP    JUDAISM 

In  all,  there  are  seven  commandments  which  are  of  post-Biblical  ori- 
gin, namely:  (a)  To  give  thanks  to  God  in  return  for  everything  we 
enjoy  in  life;  (b)  washing  the  hands  before  mealtime;  (c)  to  light  the 
Sabbath  candles;  (d)  to  establish  common  domicile  for  the  purpose  of 
carrying  on  Sabbath  from  one  premise  into  another;  (e)  to  read  th£ 
Thanksgiving  prayer,  Halel,  on  the  Sholosh  Regolim,  New  Moon,  and 
Hanukah;  (f)  to  light  candles  on  Hanukah;  (g)  to  read  the  Book  of 
Esther,  Megilah,  on  Purim.  All  these  have  the  force  as  if  they  were 
commandments  of  the  Torah. 

Thus  we  have  noted  that  the  Semanim,  the  times  of  the  year,  were 
so  arranged  as  to  remind  us  during  every  season  of  the  year  that  the  min- 
utes, hours,  days,  weeks,  months,  years,  small  cycles  and  big  cycles,  as 
well  as  the  whole  purpose  for  which  Time  exists,  is  not  to  witness  the 
few  things  our  span  of  life  affords  and  then  disappear  in  oblivion.  The 
privilege  of  being  upon  earth  is  for  the  purpose  of  gaining  by  our 
spiritual  efforts,  the  bliss  which  is  in  Olam  ha-Ba,  the  life  which  is 
Eternal. 


BOOK   III 


CHAPTER   I 

rmviv 


(i)  "Then  mayest  thou  kill  of  thy  herds  and  of  thy  flocks,  which 
the  Lord  hath  given  thee,  as  I  have  commanded  thee." 
(Deut.  xii.  21.) 

The  details  concerning  the  method  of  slaughter  were  given  to  Moses 
upon  Sinai.  The  specific  method  inaugurated  by  Moses  is  based  upon 
humanitarian  principles.  All  scientific  methods  known  to  physiology  are 
inferior  to  the  method  ordered  in  the  Wilderness.  This  is  said,  with  the 
legal  and  scientific  approval  of  the  most  distinguished  physiologists  and 
jurists,  of  both  the  European  and  American  continents.  Veterinary  pa- 
thology and  physiology,  both,  might  advance  yet  a  thousandfold,  but 
neither  could  point  out  a  better  method  of  slaughter  which  would  surpass 
the  Jewish  method  from  the  viewpoint  of  either  hygiene  or  humanity. 

The  Sinaitic  laws  concerning  the  method  of  slaughter  are  divided  in 
two  branches.  They  are:  (a)  the  instrument;  (b)  the  organs  to  be  sev- 
ered and  how  to  sever  them  to  bring  about  instantaneous  unconsciousness. 

(a)  The  instrument  must  be  of  a  minimum  length  twice  the  width 
of  the  throat  of  the  animal,  or  fowl,  to  be  slaughtered.  It  must  be  sharp 

59 


60  GUIDE   OF   JUDAISM 

and  smooth,  without  the  least  trace  of  a  notch,  perceptible  either  to  the 
eye  or  the  nail-test.  It  must  not  be  rusty.  Before  and  after  slaughtering, 
the  Shohet  must  examine  the  Haloph,  and  ascertain  that  it  has  none  of 
the  defects  which  might  render  it  Posul  (disqualified).  The  nail-test  is 
employed  for  that.  The  index  finger-nail  is  put  upon  the  sharp  side  of  the 
Haloph,  and  moved  up  and  down  gently,  when  the  least  perceptible  notch 
will  be  detected.  The  hands  of  the  Shohet  must  be  neither  cold  nor  tired. 

(b)  The  trachea  and  gullet  must  be  severed.  Along  with  these  the 
carodits  and  other  blood-vessels  are  cut.  In  order  to  obtain  the  desired 
results,  viz.,  instantaneous  unconsciousness,  the  Shohet  must  look  out  for 
any  possible  error  in  slaughtering.  He  must  move  the  Haloph  to  and  fro. 
The  movements  must  be  without  undue  pressure.  The  result  is  usually 
obtained  by  two  movements — fro  and  to — the  whole  taking  but  a  fraction 
over  a  second  to  accomplish.  The  Shohet  must  look  out  against  five  dif- 
ferent errors  in  slaughter.  They  are:  (a)  Delay,  or  the  least  interrup- 
tion during  the  cutting  of  the  organs;  (b)  undue  pressure,  or  striking 
with  the  Haloph  on  the  neck;  (c)  digging  in  the  Haloph  between  the 
carodits,  or  covering  it  with  any  cloth,  or  under  the  hide  of  the  neck ;  (d) 
slipping  the  Haloph,  either  too  near  the  body,  just  below  where  the  upper 
lobe  of  the  lungs  reaches  when  inflated,  or  where  the  pleural  cavities  be- 
gin, or  too  near  the  head,  touching  the  pharynx;  (e)  tearing  out  of  place 
either  the  trachea  or  the  gullet,  or  when  either  of  the  jugular  veins  are 
out  of  place,  or  any  rent  therein  as  a  result  of  a  notch  in  the  Haloph.  If 
any  of  these  errors  happen,  the  animal  or  fowl  is  Nebolah,  just  as  if  it 
was  not  slaughtered  at  all.  These  Five  Laws  of  Shehita  are  of  Sinaitic 
origin,  received  orally  by  Moses. 

When  none  of  the  defects,  or  errors,  take  place  before  or  during  the 
slaughtering,  the  animal  is  considered  properly  killed,  or  Kosher. 

Slaughtering  of  animals  for  human  food  was  permitted  only  during 
the  post-deluvian  period.  It  appears  that  the  first  intention  of  the  Maker 
was  to  have  men  live  on  a  strictly  vegetarian  diet.  The  very  earliest  pe- 


GUIDE    OF    JUDAISM  61 

riods  of  Jewish  history  are  marked  with  humanitarian  conduct  toward  the 
lower  animal  kingdom.  All  prohibitive  laws  concerning  animals  were  not 
based,  as  among  other  ancient  races,  on  idolatrous  grounds.  But  it  is 
clearly  established  that  the  ancient  Hebrews  knew,  and  perhaps  were  the 
first  among  men  to  know,  that  animals  feel  and  suffer  pain.  It  was  to 
that  end  that  Shehita  was  instituted.  The  Shehita  produces  no  pain  be- 
cause unconsciousness  comes  almost  instantaneously.  It  is«therefore  more 
humane  than  any  other  method  invented  by  even  the  most  modern  physi- 
ologists. 

It  has  been  demonstrated  that  the  Jewish  method  of  slaughter  pro- 
duces a  triple  result:  (a)  Prevents  cruelty  to  animals;  (b)  produces 
meat  superior  in  quality  from  the  viewpoint  of  hygiene ;  (c)  prevents 
economical  waste.* 

(a)  By  severing  the  carodits  and  other  blood-vessels,  unconscious- 
ness must  be  instantaneous,  for  the  blood  supply  to  the  brain  is  cut  off, 
and  insensibility  must  follow  the  paralysis  of  the  brain.  This  is  because 
the  blood  pressure  in  the  cerebral  vessels,  which  are  known  to  anatomists 
as  the  "circle  of  Willis,"  falls  to  zero  with  extreme  rapidity  after  both 
carotid  arteries  and  both  jugular  veins  have  been  severed.  Consciousness 
is  not  compatible  with  blood  pressure  fallen  below  a  certain  point,  the 
cortex  cerebri  being  exceedingly  sensitive  to  loss  of  blood,  or  reduced 
blood  pressure.  As  is  seen  when  a  person  faints  or  becomes  unconscious 
from  the  heart  intermitting  a  few  beats.  Similarly  the  rapid  reduction  of 
blood  pressure,  as  is  the  case  in  the  animal  slaughtered  by  the  Jewish 
method,  causes  insensibility  within  a  second  or  two,  and  this  state  of 
fainting  passes  into  final  death  of  the  brain.  After  the  severe  hemorrhage, 
due  to  the  cutting  of  the  vessels  in  the  neck,  takes  place,  all  the  organs 
of  the  body,  save  only  the  brain,  live  for  a  time.  The  heart  lives  for 
some  minutes  and  continue?  to  pump  blood  out  of  the  open  carotids.  The 
spinal  cord  lives  long  enough  to  be  irritated  by  the  loss  of  its  blood.  In 

*  More  recent  at  the  Halifax  Shehita  Trial,  Rex  vs.  Levitt,  June  17,  1913. 


62  GUIDE   OP   JUDAISM 

consequence  of  this  stimulation,  it  sends  out  violent  impulses  to  the  body 
and  limb  muscles,  which  are  still  alive,  and  a  convulsion  is  set  in.  But 
these  convulsions  do  not  depend  on  consciousness,  although  they  may 
appear  purposeful.  They  are  performed  after  the  manner  of  reflex  ac- 
tions, and  are  no  evidence  of  consciousness,  seeing  that  the  brain  is  al- 
ready unconscious  and  the  spinal  cord  possesses  no  consciousness.  The 
corneal  reflex,  too,  can  go  on  as  a  reflex  action,  irrespective  of  the  pres 
ence  of  consciousness.  Although  certain  reflex  actions  are  accompanied 
by  consciousness,  they  are  not  due  to  consciousness,  and  can  occur  in  its 
complete  absence.  The  momentum  gathered  might  drive  an  engine  quite 
a  distance  after  power  was  checked  completely.  A  rooster  without  a  head 
might  jump  about  the  yard.  It  is  reflex  action  with  a  complete  absence  of 
consciousness.  The  spinal  cord  by  itself — that  is,  after  being  severed 
from  the  brain,  or  after  the  brain  is  anaemic  and  therefore  unconscious — is 
not  the  seat  of  consciousness.  This  is  the  essence  of  the  Jewish  method 
of  slaughter.  Besides,  it  is  the  only  means  whereby  so  much  of  the  blood 
is  got  out  of  the  body,  especially  of  the  muscles  of  the  flesh.  Thus,  of 
all  methods,  even  that  of  chloroform,  the  Jewish  method  of  slaughter  is 
most  humane.* 

(b)  The  copious  and  much  more  rapid  escape  of  blood  and  the 
epileptiform  convulsions  appearing  toward  the  end  of  the  bleeding  cause 
in  the  body  of  the  slaughtered  animal  the  development  of  lactic  acid, 
which,  combining  with  potassium  phosphate,  transforms  the  latter  into 
potassium  tartrate  and  dihydrogen  potassium  phosphate.  Dihydrogen 
potassium  phosphate  impedes  the  development  of  micro-organisms  and 
the  formation  of  the  products  of  putrefaction,  such  as  ptomaines  and  other 
poisonous  substances,  and  considerably  improves  the  taste  of  the  meat. 

The  epileptiform  convulsions  render  the  blood  that  is  still  left  in  the 
meat  less  alkaline,  and  diminish,  therefore,  its  properties  as  a  nutrient 


•  Testimony    Rex    vs.    Levitt   by   Professor    D.    F.    Harris,    great    physiological 
authority  in  Canada  and  by  the  author. 


GUIDE    OF    JUDAISM  63 

medium  for  bacteria.  The  epileptiform  convulsions  render  the  meat  more 
tender  and  give  it  a  better  appearance. 

(c)  The  early  onset  of  rigidity  makes  the  meat  fit  for  use  sooner 
than  any  other  sort  of  meat.  The  decomposition  is  delayed,  and  the  meat 
even  in  summer  remains  two  to  three  days  longer  fit  for  use.  There  is  a 
much  smaller  quantity  of  blood  and  water  in  the  meat,  and  the  buyer  is 
not  imposed  upon.* 

Thus,  from  a  physiological,  hygienic,  and  economic  viewpoint,  the 
Jewish  method  of  slaughter  is  superior  to  any  method  invented  by  modern 
science. 

The  scientific  demonstrations,  while  mainly  based  upon  Rabbinical 

doctrines,  are  late  productions,  and  now  form  not  only  part  of  veterinary 
science  but  even  a  chapter  of  international  jurisprudence. 

Indeed,  an  ancient  law  such  as  this,  which  has  withstood  the  scien- 
tific and  legal  attacks  of  a  great  part  of  the  civilized  world,  must  trace  its 
origin  to  divine  inspiration. 


THE  LAWS  OF  MEAT  INSPECTION  ARE  BASED  UPON 
ONE  MANDATORY  COMMANDMENT 

(l)  "And  flesh  that  is  torn  of  beasts  in  the  field,  shall  ye  not  eat." 
(Exod.  xxii.  30.) 

Trefah  is  here  translated  "flesh  that  is  torn  of  beasts."  But  the 
meaning  implied  in  the  original  is  not  that  the  victim  died  of  the  attack ; 
for  the  commandment  prohibiting  the  consumption  of  Nebelah  is  given  in 
Deut.  xiv.  21.  Trefah,  as  interpreted  by  the  Talmudists,  means:  Flesh 
of  a  ruminant,  or  of  the  clean  group  of  fowl,  which  suffered  an  attack  of 
a  wild  animal,  or  bird  of  prey,  but  which  had  not  died  as  a  result  of  the 
attack.  Accordingly,  any  animal,  or  fowl,  which  after  being  properly 

^Testimony  Rex  vs.  Levitt  by  the  Author,   Bibliography,   Hulin.   yad,   Shehita, 
Dr.  Dembo. 


64  GUIDE   OF   JUDAISM 

slaughtered  is  found  to  have  traces  of  violence  or  disease  which  would 
have  terminated  in  its  death,  is  Trefah.  During  the  pastoral  age,  the 
most  frequent  sickness  of  domesticated  animals  consisted  of  fractures,  in- 
ternal disruptions,  dislocation  of  joints,  etc.,  resulting  from  attacks  of 
Wild  beasts.  And,  as  all  Mosaic  laws  were  timely  as  well  as  permanent, 
the  Torah  employed  the  language  of  the  age. 

Meat  in  some  form  is  indispensable  for  the  majority  of  human  be- 
ings in  order  to  be  able  to  preserve  the  normal  functioning  of  their  organ- 
ism. Physical  degeneration,  effeminate  habits,  and  lack  of  energy  are 
results  of  vegetarianism.  Lack  of  meat  will  often  produce  atheromatous 
degeneration  of  the  walls  of  the  blood  vessels.  According  to  Gen.  ix.  3, 
man  became  omnivorous  during  the  post-deluvian  age.  Meat  eating  was 
encouraged  by  the  patriarchs,  as  appears  from  Ibidum  xviii  8,  and 
xxvii.  3.  There  is  also  a  tradition  that  Jacob  established  meat-markets  at 
Shechem.* 

Discrimination  against  the  flesh  of  certain  animals  is  traced  among 
the  ancient  peoples,  but  mainly  on  a  religious  ground  in  its  most  literal 
sense.  The  cow  was  not  eaten  by  the  Egyptians  because  it  was  the  sacred 
animal  of  Isis.  The  Romans  and  the  Greeks  had  some  forms  of  meat 
inspection,  particularly  the  latter,  who  disallowed  flesh  of  a  lamb  which 
had  not  been  shorn  once.  On  the  whole,  it  appears  that  meat  inspection 
among  the  Europeans  became  more  common  with  the  progress  of  science. 

Meat  inspection  among  the  Jews  was  primarily  a  result  of  an  un- 
bounded devotion  to  the  laws  of  the  Torah.  Should  modern  science,  for 
instance,  disprove  some  of  the  contentions  regarding  results  of  some  dis- 
eases which,  according  to  the  Talmudic  laws,  would  terminate  in  death, 
the  laws  of  Trefah  would  be  binding  nevertheless.  Faith  is  above  science. 
The  reasons  and  causes  of  scientific  conclusions  are  subject  to  change. 
Environment,  breeding-,  nutrition  and  climate  will  bring  about  biological 
changes  in  every  species.  Therefore,  science  may  be  an  agency  to 

•  Sabbath  33.    Midra&h  Kabah.    Genesis  '.  i/. 


GUIDE    OF    JUDAISM  65 

strengthen  Judaism,  but  not  to  destroy  it.  Besides,  the  ruminants  vary 
organically  from  other  animals,  particularly  in  their  respiratory  system. 
Firstly,  the  lungs  of  the  ruminants  are  more  lobulated,  and  secondly  the 
anterior  lobe  of  the  right  lung  receives  its  bronchus  independently  from 
the  lower  end  of  the  trachea,  which  is  in  contrast  with,  for  example,  the 
horse.  What  might  be  fatal  to  the  frog  or  rabbit  might  not  terminate  in 
the  death  of  an  ox,  or  vice  versa,  particularly  when  the  pleural  cavities 
are  under  consideration. 

There  were  eight  elementary  forms  of  Tref ah :  ( I )  Loss  of  a  limb ; 
(2)  perforation  of  an  organ;  (3)  dislocation  of  the  thoracic  arteries;  (4) 
fracture  in  vital  part;  (5)  internal  injuries  resulting  from  a  fall;  (6)  in- 
juries resulting  from  an  attack  by  a  wild  beast ;  (7)  rent  of  a  vital  organ ; 
(8)  natural  deficiency  or  duplicature  of  a  vital  limb  or  organ.  In  addi- 
tion, the  axiom,  "Hamirah  Sakanta  me-Essurah,"  was  a  preventive  against 
flesh  of  diseased  animals. 

But  the  method  of  inspection,  like  every  other  institution  in  Judaism, 
received  an  impetus  during  a  thousand  years  of  Talmudism.  Since 
the  days  of  Maimonides,  however,  the  rules  of  inspection  are  uniform 
throughout  the  diaspora.  The  Shohet  is  also  the  inspector.  He  must  be 
specifically  trained  for  it.  A  full  anatomical  knowledge,  particularly  of  the 
pulmonary  and  abdominal  organs,  is  essential.  He  must  not  only  be  re- 
ligiously conscientious  but  a  very  careful  practitioner.  His  lack  of  knowl- 
edge, or  care,  might  cause  serious  economic  losses,  especially  in  commu- 
nities where  the  Jews  are  numerous.  A  long-established  law  requires  the 
Shohet  to  be  under  the  immediate  supervision  of  the  Rabbi.  The  Rabbi 
gives  the  diploma  to  the  Shohet.  No  one  is  allowed  to  practice  Shehita  or 
Bedikah  without  having  successfully  passed  an  examination  before  a 
Rabbi,  and  without  having  in  his  possession  a  certificate  to  that  effect. 

In  the  newer  communities,  where  constituted  authority  is  still  in  the 
process  of  formation  and  where  the  office  of  Rabbi  is  still  a  matter  of 
issue  between  the  various  factions,  the  meat  problem  continues  to  be  a 


66  GUIDE    OF    JUDAISM 

source  of  social  unrest,  often  with  serious  results.  Possibly,  the  whole 
mass  of  discontent  is  due  to  the  indifferent  knowledge  as  to  what  Shehita 
and  Bedikah  mean.  One  wing  of  American  Judaism  discarded  the  laws 
of  Kashrut  entirely,  perhaps  for  the  sake  of  convenience.  Between  the 
ultra-reform  and  the  ultra-radical  elements  in  American  Jewdom,  Ortho- 
dox Judaism  continues  almost  a  closed  book  to  the  rising  generation,  most 
of  which  is  composed  of  children  of  immigrants,  who  look  upon  Kashrut 
as  a  sort  of  ritual  connected  with  ghetto-lyricism. 

But  it  is  not  so.  The  laws  of  Kashrut  form  a  vital  source  necessary 
for  the  sustenance  of  health  and  life  of  a  people  which  looks  far  into  the 
future.  The  decadent  Romans  were  also  against  Kashrut.  They  endeav- 
ored to  Romanize  our  fathers  by  forcing  swine  down  their  throats.  And, 
historically,  the  Romans  were  the  greatest  swine-eaters  among  ancient 
men  Plutarch,  who  resided  for  a  time  in  Rome,  wrote  a  treatise 
about  the  fondness  of  Romans  for  swine  delicacies  and  urged  upon 
them  a  course  of  moderation.  A  nation  incapable  of  self-government  must 
lose  its  independence.  An  individual  incapable  of  self-restraint  must 
enter  the  route  of  decay.  Physical  strength  is  not  derived  from  the 
quantity  of  food  one  assimilates  in  his  system,  but  from  the  quality. 

It  was  pointed  out  in  the  preceding  chapter  that  Shehita  is  necessary 
from  the  point  of  view  of  humanity,  hygiene  and  economy.  I  shall  point 
out  presently  that  Bedikah  is  a  scientific  necessity. 

For  the  purpose  of  inspection,  the  animal  is  anatomically  divided  into 
four  grand  divisions.  They  are:  (a)  External;  (b)  Cranium  and  cere- 
bro-spinal;  (c)  Thoracic  and  pleural  cavities;  (d)  Abdominal  cavities. 

(a)  The  external  forms  of  deficiencies  and  diseases  which  render 
the  animal  Trefah  are :  ( I )  decayed  skin,  or  that  part  of  the  skin  which 
covers  the  cerebral  line;  (2)  stiff-jointed,  as  a  result  of  a  fall,  from  a 
height,  at  least  of  ten  hands;  (3)  injured  by  wild  animal  of  superior 
strength,  such  as  an  attack  of  a  lion  upon  an  ox,  or  a  vulture  on  a  hen ; 
(4)  lack  of  a  hind  leg;  (5)  duplicature  of  a  hind  leg;  (6)  rent  in  the  flesh 


GUIDE    OF   JUDAISM  67 

covering  the  abdomen;  (7)  disease,  fracture,  or  dislocation  in  the  thigh, 
resulting  in  the  destruction  or  mutilation  of  the  circumflex  arteries ;  (8) 
diseases  or  fracture  in  the  thigh  bone  between  the  joint  and  knee-bone, 
resulting  in  the  destruction  or  mutilation  of  the  adductoral  canals,  femoral 
vessels,  and  genicular  arteries;  (9)  tuberculosis  in,  or  total  absence  of, 
the  upper  jaw  and  nasal  cavities. 

(b)  The  forms  of  Trefah  in  the  cranium  and  cerebro-spinal  system 
are:     (i)  decay  of  any  of  the  fifteen  parts  of  the  crinum  cerebrale,  even 
without  perforation  of  the  dura  mater,  if  the  opening  will  be  as  large  as  a 
Hebrew  Selah;  (2)  mutilation  or  fracture  of  the  major  part  of  the  cra- 
nium cerebrale;  (3)  perforation  of  the  arachnoidea;  (4)  liquidization  of 
the  brains;  (5)  severance  of  spinal  cord;  (6)  or  its  mutilation;  (7)  frac- 
ture or  dislocation  of  a  cerebral  joint. 

(c)  The  forms  of  Trefah  in  thoracic  and  pleural  cavities  are :    (i) 
perforation  of  the  gullet,  or  the  inner  wall  of  the  gullet,  in  that  part  which 
reaches  the  pharynx  between  the  glosso-palatine  and  pharyngo-palatine 
arches ;  (2)  its  reversal  of  color,  if  the  internal  wall  is  red  and  the  external 
is  white;  (3)  perforation  of  trachea  in  the  region  of  the  thoracic  duct; 
(4)  dislocation  of  the  jugular  veins ;  (5)  perforation  of  any  of  the  bron- 
chi; (6)  mutilous  bronchial  tube;  (7)   perforation  of  any  part  of  the 
membrane  of  the  pulmonary  organ ;  (8)  block  in  any  part  of  the  lungs ; 
(9)   foul  fluid;  (10)   discolored  fluid;  (n)  pus;  (12)  liquidization  of 
lungs,  or  of  any  part;  (13)  ink-black,  flesh  color,  yellow,  dark-gray,  or 
brown ;  (14)  more  lobes  on  the  left  than  on  the  right  side;  (15)  deficient 
number  of  lobes  or  lobular  lines,  on  either  side ;  ( 16)  additional  lobe  on 
the  posterior  of  either  side;  (17)  absence  of  lobes  or  lobular  lines;  (18) 
connection  formed  between  lobes,  or  between  lobe  and  ribs,  or  with  the 
heart,  or  with  the  diaphragm,  by  means  of  a  mucus  membrane  if,  after 
removing  such  mucus  membrane  when  the  lungs  are  inflated  there  is  an 
indication  of  the  inner  membrane  covering  the  lungs  or  lobes  having  been 
perforated;  (19)  compression;  (20)  inflation;  (21)  solidity;  (22)  fissure 


CQ  GUIDE    OF    JUDAISM 

\J\J 

or  chasmy;  (23)  perforation  of  the  heart  through  to  the  hollow;  (24) 
perforation  of  a  valve  or  artery.  It  should  be  remembered  that,  as  the 
Talmudic  system  of  inspection  was  based  upon  the  original  eight  forms  of 
Trefah,  the  indications  of  presence  of  disease  are  given  in  conformity 
with  the  language  employed  in  the  original.  Perforation,  for  instance, 
does  not  at  all  mean  that  it  is  perceptible  to  the  eye,  or  that  it  was  caused 
by  violence.  Any  form  of  inflammation,  or  any  trace  of  disease,  is  a  rea- 
son for  inflating  the  lungs  and  testing  their  soundness.  If  there  is  any 
escape  of  air,  the  presumption  is  that  there  was  perforation. 

(d)  The  forms  of  disease  of  the  abdominal  cavities  are:  (i)  Total 
absence  of  the  liver;  (2)  perforation  or  mutilation  of  the  portal,  supra- 
renal, or  umbilical  veins;  (3)  perforation  of  the  spleen  below  the  hilus 
line,  where  the  blood-vessels  are  segregated ;  (4)  perforation  of  the  gall- 
bladder; (5)  its  total  absence;  (6)  duplicature;  (7)  majority  of  ribs 
broken ;  (8)  or  dislocated ;  (9)  any  rib  disjointed  from  the  cerebral  col- 
umn; (10)  extraordinary  diminution  of  kidney;  (n)  mutilation;  (12) 
presence  of  pus;  (13)  or  foul  fluid;  (14)  or  discolored  fluid;  (15,  16,  17, 
18  and  19)  perforation  of  any  of  the  viscera ;  (20,  21,  22,  23  and  24) 
total  absence ;  (25,  26,  27,  28  and  29)  duplicature ;  (30)  exposure  of  part 
of  viscera  through  the  rectum,  causing  it  to  be  contorted. 

In  all,  there  are  seventy  forms  of  deficiencies  to  be  looked  out  for  in 
the  animal.  In  fowl  there  are  two  deficiencies  which  are  not  possible  to 
find  in  an  animal.  They  are:  (i)  change  of  color  in  the  viscera  as  a 
result  of  having  been  overheated;  (2)  and  the  natural  perforation  of  the 
skull  found  among  water  fowl. 

The  different  forms  of  Trefahs  are  indications  of  the  presence  of  the 
following  diseases  in  the  animal :  Foot-and-mouth  disease ;  cysticerci ; 
parasites ;  tumors  ;  tuberculosis  ;  actinomycosis  ;  echinococci ;  inflammation ; 
endocarditis ;  hemorrhage ;  aspiration  of  blood  and  stomach  contents ;  ge- 
latinous infiltrations;  pentastomes;  osteo-myelitis,  and  many  more  dan- 
gerous diseases. 


GUIDE    OF   JUDAISM  69 

Science  might  question  whether  or  not  the  animals  might  transmit 
disease  to  humans;  it  may  even  point  to  the  great  economic  loss.  But 
proper  care  of  breeding,  and  good  and  sanitary  stables,  will  reduce  the 
number  of  diseased  animals  to  a  minimum.  The  result  would  be  that  the 
only  forms  of  Trefah  possible  would  be  in  its  original  sense — i.e.,  "flesh 
which  was  torn  of  beasts  in  the  field." 

CHAPTER   III 

,mne  ^D^D  ,nmD«  rvtoND 

THE  LAWS  CONCERNING  FORBIDDEN  FOOD  ARE  BASED 

UPON  FOUR  MANDATORY  AND  FIFTY-THREE 

PROHIBITIVE  COMMANDMENTS 

(1)  "These  are  the  beasts  which  ye  may  eat  among  all  the  beasts 

that  are  on  the  earth."     (Lev.  xi.  2.) 

(2)  "Every  clean  bird  may  ye  eat."     (Deut.  xiv.  n.) 

(3)  "These  of  them  may  ye  eat:    The  locust,  etc."     (Lev.  xi.  22.) 

(4)  "These  may  ye  eat,  of  all  that  are  in  the  waters."    (Ibid.  xi.  9.) 
The  animal  kingdom  is  divided  into  four  sub-kingdoms :    Vertebrata, 

Articulata,  Mollusca,  and  Radiata.  To  the  Vertebrata  type  belong  mam- 
mals, birds,  reptiles,  and  fishes,  all  these  being  distinguished  for  the  gen- 
eral plan  of  structure,  particularly  the  division  of  the  body  by  a  dia- 
phragm, the  thoracic  cavity  containing  the  vital  organs  and  nerve  centers, 
and  the  abdominal  cavity  containing  the  organs  of  assimilation  and  re- 
production. The  Articulata  are  known  from  the  construction  of  their 
bodies,  which  are  formed  in  rings,  or  joints,  as  the  crab,  lobster,  insects 
and  worms.  The  Mollusca  have  no  internal  skeleton,  possess  but  a  single 
cavity,  and  are  incased  in  shell  covering,  from  which  nerves  extend  to 
the  various  parts  of  the  body,  the  shell  being  double,  as  in  the  oyster,  or 
single,  as  in  the  snail.  The  Radiata  are  the  lowest  form  of  animal  life, 
being  so  called  because  their  organs  of  sense  and  motion  radiate  from  and 
around  the  centre,  as  in  the  star-fish,  sea-urchin,  jelly-fish,  and  pylop. 


70 

None  of  the  species  of  the  Mollusca  and  Radiata  are  among  the  clean 
group  of  the  animal  kingdom,  and  they  ail  are  forbidden  food  to  the  Jew- 
ish people. 

Some  types  among  animals  form  the  clean  group  of  the  Vertebrata, 
and  some  types  among  insects  form  the  clean  group  of  the  Articulata. 
And,  as  each  sub-kingdom  is  in  turn  subdivided  in  types,  classes,  orders, 
families,  genera,  and  species,  the  clean  group  of  each  sub-kingdom  can 
only  be  identified  by  definite  marks  of  distinction.  To  that  end  the  clean 
groups  of  the  animal  kingdom,  by  eliminating  the  Mollusca  and  Radiata 
entirely,  are  narrowed  down  to  four  branches,  (a)  quadrupeds ;  (b) 
fowls ;  (c)  fishes  ;  (d)  insects. 

(a)  The  quadrupeds  belonging  to  the  clean  group  are  all  herbh-ora, 
ruminants,  and  cloven-footed,  with  a  complete  absence  of  teeth  or  incisors 
in  the  upper  jaw.  Three  common  families  of  these  are  known  for  their 
tameness.  They  are :  The  ox,  the  sheep,  and  the  goat.  Included  among 
these  are  the  entire  genera  of  each  respective  group.  For  example,  the 
ox  is  of  the  genera  Bos,  the  species  being  designated  as  the  Taurus  of  that 
genera ;  but  the  Bonassus,  Bubalus,  Arin,  Caffer,  Grunniens  and  Ameri- 
canus  are  also  included  in  the  clean  group.  The  same  rule  is  applied  to 
sheep ;  the  Merino,  Southdown,  and  Cheviot,  too,  are  of  one  genera.  And 
the  whole  genera  of  Cavicornia  constitute  the  group  of  clean  goats. 

The  seven  species  of  the  wild  animals  which  belong  to  the  clean  group 
are  members  of  the  genera  Capra,  Rupricapra,  and  Cervidae.  The  wild 
animals  of  the  three  different  genera,  if  the  species  are  ruminants  but 
otherwise  not  known,  might  be  identified  by  their  horns,  which  must  be 
either  forked,  or  notched  with  scales,  or  antlered,  or,  according  to  some 
authorities,  pointed.  The  known  species  of  these  are:  the  hart,  roebuck, 
fallow-deer,  wild-goat,  pygarg,  antelope  and  chamois. 

The  tame  and  wild  animals  must  be  slaughtered  separately,  for  the 
fat  of  the  former  is  forbidden  and  the  fat  of  the  latter  is  permitted  to  be 


GUIDE    OF    JUDAISM  71 

eaten.    In  addition,  the  blood  of  the  wild  animals  must  be  covered  with 
earth. 

All  species  of  the  clean  groups  and  their  offspring,  even  though  such 
offspring  should  happen  to  be  in  the  shape  of  a  specie  of  the  unclean 
groups,  are  permitted  as  food.  However,  if  the  issue  of  any  of  the  clean 
animals  will  bear  the  shape  of  a  fowl  it  is  not  permitted  as  food.  The 
issue,  regardless  of  shape,  must  be  a  quadruped.  A  cross-breed  of  a  tame 
and  wild  animal  is  permitted  as  food,  but  its  fat  is  forbidden,  and  its 
blood  must  be  covered.  Cross-breeding  among  the  respective  groups  of 
the  ruminants  is  effective.  But  it  is  not  effective  between  ruminant  and 
non-ruminant  groups.  This  fact  is  pointed  out  as  evidence  for  the  theory 
of  creation — that  every  type  of  the  animal  kingdom  was  created  after  its 
kind.  The  theory  of  evolution  is  brought  forward  to  deny  that  every- 
thing was  created  separately.  But  Judaism  never  advanced  the  theory 
that  the  world  is  stationary,  and  that  nothing  in  it  is  subject  to  chemical 
or  other  changes.  What  Judaism  maintains  is :  that  there  is  as  much  of 
the  wonderful  works  of  God  in  the  pylop  as  there  is  in  the  highest  form 
of  the  Vertebrata,  but  it  denies  that  one  is  the  offspring  of  the  other. 

(b)  There  is  no  clean  group  of  fowl  indicated  in  the  Torah.  Out 
of  the  whole  winged  type  of  the  Vertebrata  there  are  twenty-four  differ- 
ent families  which  were  forbidden  as  food,  the  implication  being  that  all 
birds  not  included  in  those  are  of  the  clean  group.  But  identification  is 
the  great  problem.  Accordingly,  only  birds  which  were  traditionally 
known  as  non-members  of  the  unclean  groups  may  be  eaten.  Perhaps 
the  reason  for  pointing  out  the  unclean  groups  of  the  oviparous  branch  of 
the  Vertebrata  is  the  very  high  temperature  of  their  blood,  each  red  cor- 
puscle having  a  nucleus,  and  thus  more  thoroughly  oxygenated  by  means 
of  air  sacks  distributed  through  the  body,  particularly  among  the  birds  of 
prey.  Of  among  the  non-preying  birds,  if  such  species  (a)  do  not  hold 
their  food  to  the  ground  while  eating,  and  (b)  if  they  have  a  crop,  or  (c) 
have  an  additional  (hind)  toe,  or  (d)  if  the  inside  skin  of  the  gizzard  is 


72  GUIDE   OP   JUDAISM 

easily  removed  by  hand,  they  are,  according  to  tradition,  not  included  in 
the  twenty-four  forbidden  families.  The  genera  known  to  possess  these, 
or  some  of  these  identification  marks  are :  ( I )  Rasores,  or  pigeon  family ; 
(2)  Gallinae,  or  hen,  grouse,  and  turkey  family;  (3)  Anserinae,  or  geese, 
of  which  the  Anser  Ferns  was  the  ancestor;  (4)  Anatidae,  or  ducks,  of 
which  the  Mallard,  or  Boschus,  was  the  ancestor.  It  is  noteworthy  thai 
the  goose  family  is  spread  into  many  genera  and  species.  The  old  dispute 
about  wild  geese  must  here  be  decided  in  favor  of  Eybschutz,  for  he 
certainly  referred  to  the  Anser  Ferns,  which  was  the  ancestor  of  the  now 
domesticated  geese.*  Krachmal  possibly  believed  that  wild  geese  are  one 
group,  of  one  genera,  or  he  referred  to  the  Segetum  or  Gambelii  genera, 
or  to  the  salt  water  geese,  which  prompted  him  to  forbid  to  use  them  as 
food.f 

(c)  From  all  that  live  in  water  only  the  species  which  have  scales 
and  fins  are  classified  as  the  clean  group.  Fishes  are  the  lowest  forms  of 
the  Vertebrata,  having  only  a  single  circulation  of  the  blood,  and  that 
constantly  in  one  direction  through  the  single  auricle  and  ventricle  of  the 
heart  to  the  gills,  whence,  after  oxygenation,  it  is  distributed  to  the  vari- 
ous parts  of  the  system.  Hence,  the  flow  of  the  blood,  which  has  large, 
oval,  nucleated  globules,  is  less  rapid,  its  oxidation  longer  delayed,  and  its 
temperature  lower  than  in  any  higher  order  of  the  Vertebrata.  Most  of 
the  clean  fishes  have  a  full  complement  of  fins — i.e.,  pectorals,  ventrals, 
dorsals,  anal,  and  caudal.  But  a  single  fin,  if  the  species  are  known  to  be 
squamous,  is  sufficient.  The  fins  are  the  instruments  of  locomotion,  but 
the  caudal  fins  serve  the  purpose,  in  the  absence  of  any  of  the  others.  The 
air-bladder,  developed  as  an  off-shoot  of  the  gullet,  enables  the  fish  to 
rise  or  sink  in  the  water  by  decreasing  or  increasing  its  weight  as  com- 
pared with  water.  And,  as  fish  is  cold-blooded,  the  temperature  depend- 
ing upon  exterior  influences,  Nachmonides  was  right  *  in  maintaining  that 


•  See  Krethi  U-plethi,  82. 
t  M.  M.  Krachmal  in  Zemach  Zeddek,  29. 
•  See  bis  commentary  on  Leviticus  XI. 


73 

the  clean  groups  of  fishes  were  permitted  because  of  the  air  they  get 
freely  by  rising  to  the  surface.  Ordinarily,  the  needed  oxygen  is  obtained 
from  the  air  which  is  mingled  with  the  water.  The  circulation  being 
slow,  and  the  water  of  a  low  temperature,  the  fishes  that  lie  in  the  deep 
waters  are  certainly  not  a  wholesome  food. 

(d)  Of  the  sub-kingdom  Articulata  only  the  insects  belonging  to  the 
order  Manducata,  and  of  only  the  genera  Caloptenus  Spretus  of  that  or- 
der, are  permitted  as  food.  To  this  group  belong  several  different  species 
of  locusts.  It  is  the  highest  form  of  animal  among  the  Articulata,  having 
a  thick,  hard,  external  crust  as  a  protection  for  the  internal  parts,  and 
broad,  solid  jaws  with  cutting  and  grinding  edges.  Its  great  power  of 
flight  is  due  to  the  air-sacks  distributed  through  the  body,  by  which  it  can 
be  made  of  nearly  the  specific  gravity  of  the  air.  The  traditional  marks 
of  identification  of  the  eight  kinds  of  locusts  mentioned  in  the  Torah  as 
proper  food  are  three:  (i)  four  legs;  (2)  four  wings  which  cover  most 
of  the  body;  (3)  hind  jointed  legs  for  jumping.  Maimonides,  as  it  ap- 
pears f,  identified  both  families,  the  Locustariae  and  the  Acrydii,  and 
found  the  clean  groups  of  among  them,  by  means  of  these  special  marks. 
The  Acrydii,  which  have  many  species,  the  construction  of  which  includes 
large  heads,  short  and  stout  antennae,  very  strong  hind  legs,  three  jointed 
tarsi,  and  no  projecting  ovipositor  among  the  females,  seem  to  have  been 
the  traditionally  clean  group.  But  Maimonides  identified  also  some  spe- 
cies of  family  Locustariae  which  have  the  three  distinct  marks,  although 
the  shape  of  their  heads  is  long  and  the  females  possess  a  projecting 
ovipositor. 

Locusts  are  even  now  being  eaten  in  many  countries  of  the  Orient, 
roasted,  or  fried  in  butter.  They  are  also  preserved  in  brine,  or  dried  in 
the  sun.  But  the  Jewish  people  have  for  many  centuries  discontinued  the 
use  of  locusts  as  a  food,  and  the  custom  is  now  not  to  eat  it  at  all,  mainly 
because  of  the  great  difficulty  in  establishing  the  clean  group,  due  to  the 

t  Yad,  Maaholot  Asurot  I.  22, 


74  GUIDE    OF   JUDAISM 

fact  that  for  centuries  the  Jews  have  continued  to  live  in  countries  where 
locusts  fortunately  are  very  rare.| 

Fishes  and  locusts  need  no  special  method  of  slaughter,  the  mere 
gathering  in  or  catching  them  constitute  the  method  best  adopted  to  put 
an  end  to  the  life  within  them. 

Thus  far  the  clean  groups  of  the  animal  kingdom  and  the  identifica- 
tion thereof. 

In  giving  an  outline  of  what  kind  of  food  is  forbidden,  it  must  be 
remembered  that  the  laws  vary,  and  might  be  classified  into  three  divisions  : 

(a)  food;  (b)  person;  (c)  place.     For  example,  not  to  eat  meat  of  a 
i 

beast  that  died  of  itself,  Nebelah,  is  a  general  law  for  all  Israel,  in  all 
countries,  for  all  times ;  the  warning  not  to  eat  uncircumcised  fruit,  on  the 
other  hand,  is  a  special  law,  forbidding  to  eat  fruit  during  the  first  three 
years  after  a  tree  is  planted.  The  law  forbidding  a  convert,  or  an  uncir- 
cumcised Israelite,  to  eat  of  the  Pascal  Lamb,  is  personal,  both  in  aim  and 
character.  The  law  forbidding  the  Cohen  to  eat  the  pure  first-born  of  the 
herd  or  flock  outside  of  Jerusalem,  depends  solely  upon  the  place.  The 
law  forbidding  the  Cohen  to  eat  the  flesh  of  a  burnt-offering  depends 
solely  to  what  end  a  certain  animal  is  utilized.  However,  for  the  pur- 
pose of  making  these  laws  clear,  they  were  divided  into  general  and  spe- 
cial classes.  Particulars  concerning  the  laws  touching  sacrificial  food  are 
given  here,  by  quoting  the  text  of  the  warnings  from  the  Torah  and  by 
making  the  text  understood,  because  this  chapter  is  intended  to  include  all 
kinds  of  forbidden  food. 

(a)     GENERAL.     (5)     "But  these  shall  ye  not  eat."    (Lev.  xi.  4.) 
This  warning  is  against  any  kind  of  quadruped  belonging  to  the  un- 
clean genera,  even  if  some  of  them  have  one  of  the  marks  of  identifica- 
tion, such  as  the  camel,  the  hare,  the  rabbit,  or  the  swine ;  the  former  three 

J  Tax,   Torch   Deah,    85. 


GUIDE    OF    JUDAISM  75 

belonging  to  the  ruminants  and  the  latter  one  to  the  cloven-footed  group 
of  quadrupeds,  but  all  are  of  the  unclean  variety. 

(6)  "And  these  shall  ye  have  in  abomination,  among  the  fowls." 

(Ibid.  xi.  13.) 

This  includes  all  fowls  not  having  any  of  the  traditional  identification 
marks. 

(7)  "But  all  that  have  not  fins  and  scales  ...  of  their  flesh  shall 

ye  not  eat."    (Ibid.  xi.  10-11.) 

(8)  "And  every  winged  insect  is  unclean  unto  you ;  it  shall  not  be 

eaten."     (Deut.  xiv.  19.) 

This  warning  includes  all  species  belonging  to  the  different  genera  of 
Cheiroptera,  such  as  the  vampire,  etc. 

(9)  "And  every  creeping  thing  that  creepeth  upon  the  earth  is  an 

abomination,  it  shall  not  be  eaten."    (Lev.  xi.  41.) 
This  includes  the  whole  order  of  reptila.     Rodents,  eight  different 
kinds  of  which  are  enumerated  in  the  Torah  (Ibid.  29-30)  are  also  classi- 
fied as  "creeping  things,"  or  Shrozim.    But  the  eight  kinds  cover  the  whole 
order  Rodentia. 

(10)  "Neither  shall  ye  make  yourself  unclean  with  any  manner  of 

creeping  thing  that  creepeth  upon  the  earth."   (Ibid.  xi.  44.) 
This  includes  the  entire  type  of  annulosa. 

(11)  "And  whatsoever  .    .    .  hath  many  feet  among  all  creeping 

things  that  creep  upon  the  earth,  shall  ye  not  eat."     (Ibid. 
xi.  42.) 

This  includes  worms  separated  from  the  fruit  or  vegetables,  or 
worms  in  the  fruit  or  vegetables  before  it  is  picked  from  the  tree  or  dug 
out  of  the  ground. 

(12)  "Ye  shall  not  make  yourselves  abominable  with  any  creeping 

thing  that  creepeth."     (Ibid.  xi.  43.) 

This  includes  all  creatures  in  seas,  rivers,  or  waters  which  do  not 
resemble  any  fish,  such  as  frogs,  leeches,  or  sea  animals,  regardless  of 


76  GUIDE    OF    JUDAISM 

their  articulation  in  natural  history,  or  similarity  or  dissimilarity  in  their 
anatomy,  or  size. 

(13)  "Ye  shall  not  eat  anything  that  dieth  of  itself,  Nebelah." 

(Deut.  xiv.  21.) 

This  includes  any  of  the  entire  animal  kingdom.     Nebelah  also  is 
interpreted  to  mean  flesh  of  an  animal  of  the  clean  group  which  was 
properly  slaughtered,  or  killed  in  any  other  than  Jewish  method. 

(14)  "And  thou  shalt  not  eat  the  life  with  the  flesh."   (Ibid.  xii.  23.) 
This  forbids  the  cutting  of  a  limb,  or  any  part  of  a  live  animal  and 

eating  it.  This  also  includes  parts  of  unborn  issue,  or  any  of  the  abdom- 
inal organs,  even  if  after  cutting  it  the  animal  was  properly  slaughtered. 

(15)  "Moreover,  ye  shall  eat  no  manner  of  blood."    (Lev.  vii.  26.) 
This  refers  to  blood  of  animals  and  fowls  only.    The  blood  of  the 

clean  group  of  fishes  and  insects  is  permitted  to  eat.  The  arteries  and 
veins  which  are  known  as  blood-vessels  are  forbidden  on  account  of  the 
blood  they  contain,  and  they  must  be  removed  before  eating  any  meat. 
The  blood  of  all  unclean  groups  of  the  animal  kingdom  is  forbidden  on 
account  of  it  being  an  abomination  and  unclean. 

(16)  "Every  manner  of  fat,  of  ox,  or  of  sheep,  or  of  goat  shall  ye 

not  eat."     (Ibid.  vii.  23.) 

The  fat  in  this  commandment  refers  to  the  parts  which  cover  the  kid- 
neys, the  abdominal  organs,  and  the  flanks,  but  does  not  include  the  fat  of 
the  rump  or  of  the  external  part  of  the  animal.  There  are  also  some  sin- 
ews and  membranes  which  are  forbidden  to  eat  because  of  being  fat. 
The  established  rule  is  to  have  all  such  arteries,  veins,  sinews  and  mem- 
branes, which  are  forbidden  on  account  of  being  either  blood  or  fat,  re- 
moved by  the  butcher,  or  by  a  special  authority,  Menakor,  before  deliv- 
ering meat  to  Jewish  homes. 

(17)  "Therefore  do  the  children  of  Israel  not  eat  the  sinew  which 

shrank,  which  is  upon  the  hollow  of  the  thigh,  unto  this 
day."     (Gen.  xxxii.  33.) 

This  is  the  first  known  law  concerning  parts  of  the  clean  group  of 
quadrupeds  which  must  not  be  eaten.  It  includes  the  whole  arterial  sys- 

•  See  Bupra,  Method  of  Slaughter. 


GUIDE    OF    JUDAISM  77 

tern  of  the  hind  quarters  of  all  quadrupeds  which  may  be  eaten.  If  the 
thigh  of  a  fowl  should  be  so  rounded  as  to  appear  shrunk,  the  Rabbis 
declared  it  forbidden  as  a  sinew  that  shrank. 

The  articulated  arteries,  vessels,  veins,  sinews  and  membranes  which 
are  forbidden  either  because  of  arterial  blood  or  arterial  fat  are  sum- 
marized as  follows : 

Besides  the  fat  which  covers  the  abdomen  and  the  interior  part  of  the 
flanks,  there  are  five  arteries  in  the  flanks,  three  on  the  right  side  and  two 
on  the  left,  each  of  the  right  branching  off  in  pairs,  and  each  of  the  left 
in  threes,  all  of  which  are  forbidden  as  arterial  fat.  The  veins  and  mem- 
branes of  the  spleen,  the  kidneys,  and  the  flanks,  too,  are  forbidden  as  fat. 
The  arteries,  veins,  vessels  and  membranes  of  the  heart,  of  the  front  legs, 
of  the  shoulder,  of  the  lower  jaw  on  both  sides  of  the  tongue,  of  the  fat 
covering  the  viscera,  of  the  neck  where  the  vertebra  ends  and  the  cranium 
begins,  and  of  the  genitals,  are  forbidden  as  arterial  blood.  After  slaugh- 
tering the  animal  there  is  still  an  amount  of  blood  left  in  the  flesh.*  In 

order  to  get  that  out,  the  meat  must  be  salted.  The  established  rule  is  to 
have  the  meat  first  soaked  in  water  for  about  thirty  minutes,  and  then  salt 

it  on  all  sides,  and  left  with  the  salt  on  for  about  an  hour,  when  the  last 
possible  drop  of  blood  will  emit  from  it. 

(b)     SPECIAL.     (18-19)     "Thou  shalt  not  seethe  a  kid  in  its  moth- 
er's milk."    (Exod.  xxiii.  19.) 

This  warning  is  again  repeated  in  Ibid,  xxxiv.  26.,  and  in  Deut.  xiv. 
21.  The  inference  being  that  the  warnings  include  cooking  or  eating  food 
consisting  of  a  mixture  of  milk  and  flesh.  There  is  no  need  for  an  extra 
warning  not  to  enjoy  of  the  proceeds  of  such  food,  for  that  is  included  in 
the  warning  not  to  eat  it.  Milk  might  be  eaten  before  not  after  eating 
meat.  The  established  rule  is  not  to  eat  any  milk- food  during  the  three 
to  six  succeeding  hours  after  eating  flesh-food.  Fish  might  be  fried  in 
butter,  or  boiled  in  milk,  but  not  in  fat,  or  together  with  meat.*  Separate 
dishes  for  milk-food  and  flesh-food  must  be  provided. 

•  About  28%.     Dr.  Dembo,   Jewish   Method  of  Slaughter,   table  V. 

*  On  account  of  Its  injurious  effect  upon  the  digestive  system. 


78  GUIDE    OP    JUDAISM 

(20-21-22)  "And  neither  bread,  nor  parched  corn,  nor  green  ears, 
shall  ye  eat,  until  the  self-same  day,  until  ye  have  brought 
the  offering  of  your  God."  (Lev.  xxiii.  14.) 

On  the  sixteenth  day  of  Nissan,  a  measure,  Omer,  of  barley  was 
brought  as  an  offering  in  the  Temple.  Barley  was  selected  because  it 
ripens  earliest  among  the  five  kinds  of  grain.  Before  such  offering  was 
brought,  no  kind  of  new  grain  was  permitted  to  eat.  All  grain  which  had 
taken  root  prior  to  the  offering  of  the  Omer  were  permitted  to  eat,  not- 
withstanding that  the  ripening  took  place  later  in  the  season.  But  any 
grain  which  was  seeded  subsequent  to  the  offering  of  the  Omer,  was  for- 
bidden to  eat  till  the  Omer  was  offered  a  year  later.* 

(23)  "Three  years  shall  it  be  as  uncircumcised  unto  you,  it  shall  not 

be  eaten."    (Ibid.  xix.  23.) 

This  includes  all  edible  fruit  of  trees  planted  in  Palestine.  The  law 
forbidding  the  first  three  years'  fruit  of  trees  planted  in  diaspora  is  of 
Sinaitic  origin.  The  three  years  are  counted  from  the  date  of  planting. 
Eating  in  this  instance  also  includes  profiting  in  any  way  from  the  proceeds 
of  such  fruit. 

(24)  "Thou  shalt  not  sow  thy  vineyard  with  divers  seed ;  that  the 

ripe  fruit  of  thy  seed  which  thou  hast  sown,  and  the  fruit 
of  the  vineyard,  be  not  defiled."    (Deut.  xxii.  9.) 
This  law  forbids  the  eating  of  fruit  or  grain,  or  roots  of  herbs,  which 
were  seeded  in  a  vineyard,  or  any  heterogeneous  fruits.    There  are  special 
rules  as  to  what  constitutes  mingling  of  different  kinds  of  seeds,  but  here 
the  subject  under  consideration  is  only  against  eating  such  fruit.    Profit- 
ing of  mingled  seed  or  fruit  is  also  forbidden. 

(*5)  "And  they  shall  not  profane  the  holy  things  of  the  children  of 
Israel,  which  they  offer  unto  the  Lord."  (Lev.  xxii.  15.) 

This  law  forbids  eating  of  fruit  or  grain  of  which  none  of  the  por- 
tions to  be  deducted  as  an  offering  to  God,  to  the  priest,  or  the  poor  have 
been  separated.  Such  is  called  Tebel. 

•  Tt»  encourage   thrift   among   the   farmer*. 


GUIDE    OF    JUDAISM  79 

'(26)  "If  an  ox  gore  a  man  or  a  woman,  that  he  die,  .  .  .  and  his 
flesh  shall  not  be  eaten."  (Exod.  xxi.  28.) 

This  is  interpreted  as  a  warning  not  to  eat  of  the  flesh  of  an  ox  which 
was  condemned  by  law  to  be  stoned,  even  though  it  was  properly  killed, 
and  inspected.  For,  it  could  not  refer  to  a  stoned  ox ;  there  would  be  no 
need  for  a  special  warning  not  to  eat  of  its  flesh,  as  it  would  come  under 
the  law  forbidding  Nebelah. 

(27-28-29-30)  "And  grapes,  fresh  or  dried,  shall  he  not  eat.  All  the 
days  of  his  abstinence  shall  he  eat  nothing  that  is  made  of 
the  grape-vine,  from  the  kernels  even  unto  the  husk." 
(Num.  vi.  3-4). 

These  laws  refer  to  one  who  took  the  vows  of  a  Nazir  upon  himself. 
Among  the  eight  things  he  is  forbidden  to  do,  these  four  articles  of  food 
are  included. 

(3l-32~33)  "And  no  stranger  shall  eat  of  a  holy  thing;  a  sojourner 
of  a  priest,  or  a  hired  servant,  shall  not  eat  of  a  holy 
thing."  (Lev.  xxii.  10.) 

This  includes  also  an  uncircumcised  priest,  even  if  he  be  so  because 
of  his  brothers'  death  resulting  from  circumcision.  The  inference  being 
that,  as  this,  the  eating  of  the  heave-offering,  is  likened  to  the  eating  of 
the  Pascal  lamb,  all  rules  in  force  concerning  the  Pascal  lamb  must  also 
be  followed  regarding  the  heave-offering,  and,  as  no  uncircumcised  priest 
is  permitted  to  eat  of  the  Pascal  lamb,  the  same  rule  must  be  enforced 
regarding  the  eating  of  the  heave-offering. 

(34)  "And  if  the  daughter  of  a  priest  be  married  to  a  stranger  (non- 

priest),  she  may  not  eat  of  the  offered  part  of  holy  things." 
(Ibid.  xxii.  12.) 
This  also  refers  to  the  heave-offering. 

(35)  "And  when  the  sun  hath  set,  he  shall  be  clean,  and  afterward 

he  may  eat  of  the  holy  things."     (Ibid.  xxii.  7.) 

This  refers  to  unclean  priest  who  is  forbidden  to  eat  of  the  beave- 

oflferings  while  he  is  in  a  state  of  impurity. 


80  GUIDE    OF    JUDAISM 

(36-37)  "I  have  not  eaten  thereof  in  my  mourning,  neither  have  I 
removed  away  aught  thereof  in  an  unclean  state."  (Deut. 
xxvi.  14.) 

This  forbids  the  eating  of  the  second  tithe  during  mourning,  or  im- 
purity.* 

(38-39-40)  "Thou  mayest  not  eat  within  thy  gates  the  tithe  of  thy 
corn  .  .  .  or  of  thy  oil,  .  .  .  and  the  heave-offering  of 
thy  hand."  (Ibid.  xii.  17.) 

This  forbids  the  eating  of  the  unredeemed  second  tithes  of  grain,  or 
of  oil,  outside  of  Jerusalem.  It  also  forbids  the  priests  to  eat  first-fruits 
outside  of  Jerusalem.  The  inference  is  taken  from  the  words  "and  the 
heave-offering  of  thy  hand,"  which  can  not  possibly  be  interpreted  as  ap- 
plying to  heave-offering  proper,  for  no  specific  place  for  eating  it  is 
needed ;  therefore,  as  first-fruits  must  be  brought  into  the  court,  the  deduc- 
tion follows  that  the  warning  here  means  that  the  priest  must  not  eat  the 
first-fruits  outside  of  the  court,  seeing  that  first-fruits  are  also  called 
heave-offerings. 

(41-42)  "Nor  any  of  thy  vows  which  thou  mayest  vow,  nor  thy 
free-will  offerings."  (Ibid.) 

These  forbid  to  eat  aught  of  the  flesh  of  a  burnt-offering;  and  the 
consumption  by  the  priests  outside  of  the  courts  of  the  sin  or  trespass- 
offering,  or  of  lighter  sacrifices,  before  the  blood  was  sprinkled.* 

(43)  "Nor  the  first-born  of  thy  herds,  or  of  thy  flock."     (Ibid.) 
This  forbids  eating  of  the  pure  firstlings  outside  of  Jerusalem. 

(44)  "And  every  sin-offering  whereof  any  of  the  blood  is  brought 

into  the  tabernacle  .  .  .  shall  not  be  eaten."    (Lev.  vi.  23.) 
This  law  includes  all  offerings  which  are  designated  as  animals  that 
must  be  burnt. 

(45)  "It  shall  not  be  eaten,  because  it  is  holy."     (Exod.  xxix.  34.) 
This  law  forbids  an  outsider  to  eat  anything  holy  in  the  court,  after 

sprinkling  of  the  blood  thereof. 

•  See  infra  articulation  of  tithes. 

•  See  infra  concerning  sacrlfles. 


GUIDE    OF    JUDAISM  81 

(46)  "And  every  offering  of  a  priest  shall  be  wholly  burnt,  it  shall 

not  be  eaten."    (Lev.  vi.  16.) 

This  does  not  include  the  offerings  of  a  priest's  single  daughter,  or 
that  of  his  wife. 

(47)  "To  him  who  offered  it  shall  not  be  accounted,  it  shall  be  an 

abomination,  and  the  person  that  eateth  it  shall  bear  his 
iniquity."     (Ibid.  vii.  18.) 

Intention  may  render  a  sacrifice  abominable:  (a)  if  one  intends  it 
for  one  kind  of  sacrifice  and  the  priest  will  think  that  the  offering  is  of  a 
different  kind ;  (b)  if  at  the  time  of  sacrifice  it  was  intended  to  be  eaten, 
or  have  its  blood  sprinkled,  outside  of  the  prescribed  place ;  (c)  if  it  was 
intended  to  be  eaten  after  the  prescribed  time.  This  law  refers  to  the 
eating  of  any  sacrifice  which  was  intended  to  be  eaten  after  the  prescribed 
time,  which  is  at  the  beginning  of  the  night  of  the  third  day  following, 
thus  making  the  whole  sacrifice  an  abomination. 

(48)  "Then  shalt  thou  burn  the  remainder  with  fire ;  it  shall  not  be 

eaten."    (Exod.  xxix.  34.) 

This  forbids  the  eating  of  the  remainder  of  an  offering  which  was 
not  consumed  in  the  specified  time. 

(49)  "And  the  flesh  that  toucheth  any  unclean  thing  shall  not  be 

eaten."    (Lev.  vii.  19.) 

This  is  applied  to  flesh  of  offerings  which  become  polluted  by  touch- 
ing anything  unclean. 

(50)  "Any  thing  hallowed  shall  she  not  touch,  and  into  the  sanctu- 

ary shall  she  not  come."    (Ibid.  xii.  4.) 

This  implies  a  warning  not  to  eat  anything  holy,  as  flesh  of  an  offer- 
ing, when  one  is  in  a  state  of  impurity. 

(51)  "You  shall  not  eat  of  it  raw,  nor  in  any  wise  sodden  with 

water."    (Exod.  xii.  9.), 
This  refers  to  the  Pascal  lamb. 


82  GUIDE    OP    JUDAISM 

(52-S3)  "No  stranger  shall  eat  thereof.  A  resident  foreigner,  and  a 
hired  servant  shall  not  eat  thereof."  (Ibid.  43,  and  45.) 

These  are  warnings  not  to  permit  a  convert,  who  serves  strange  gods, 
or  a  real  stranger,  who  did  not  wholly  embrace  Judaism,*  to  eat  of  the 
Pascal  lamb. 

(54)     "But  no  uncircumcised  person  shall  eat  thereof."    (Ibid.  48.) 

This  refers  to  the  Pascal  lamb  and  includes  even  an  uncircumcised 
Israelite,  as,  for  example,  one  whose  two  brothers  died  of  circumcision. 

(55-56-57)     "And  drank  of  their  wine-offerings?"  (Deut.  xxxii.  38.) 
"Then  shall  he  abstain  from  wine."     (Num.  vi.  3.)     Or  of 
thy  wine."    (Ibid.  xii.  17.) 

These  forbid  (a)  to  drink  the  wine  which  was  intended  for  an  offer- 
ing to  strange  gods;  (b)  a  nazir  to  drink  wine;  (c)  to  drink  unredeemed 
wine  of  the  second  tithe,  outside  of  Jerusalem.  Of  the  three  laws,  the  one 
referring  to  wine  which  was  offered  to  strange  gods,  is  interpreted  to  in- 
clude any  wine  touched,  or  made,  or  bottled  by  one  who  does  not  believe 
in  God,  or  in  His  commandments. 

The  laws  designated  as  Special  are  of  a  ritual  character,  and  in  dias- 
pora some  of  them  have  a  degree  of  importance  academically  only.  The 
exceptions,  in  addition  to  the  laws  referring  to  eating  and  cooking  milk  and 
meat  together  are  few.  But  the  laws  classified  as  General  are  of  the 
greatest  importance  to  the  Jewish  people  from  any  viewpoint  they  might 
be  considered. 

Many  of  the  great  authorities  on  Judaism  have  advanced  reasons 
justifying  the  restrictions  regarding  diet.  Ibn  Ezra  looked  upon  the 
dietary  laws  as  essential  to  health,  and  all  forbidden  food  as  dangerous  to 
it.  Maimonides,  with  his  great  medical  knowledge,  gives  evidence  that 
the  forbidden  food  is  injurious  to  the  person  that  eats  it.  Isaac  Arama 
advances  the  theory  that  eating  of  the  forbidden  food  might  harm  one 
spiritually;  that  is  to  say,  his  soul  would  be  kept  in  subjection  by  the 
body.  They  all  were  right,  and  scientifically  so.* 

•  Want  of  Immersion   !n  a  water-font. 

•  Ibn  Ezra  on  Torah,  Lev.  XI.     Morah  Nebuhim  III.  48.     Akedah,  Shaar,  80. 


83 

Recently  the  radical  wings  of  Judaism  have  entirely  discarded  the 
dietary  laws,  thereby  advancing  many  reasons  and  theories,  chief  among 
them  being  that  Trefah  and  milk-and-flesh  have  no  foundation  in  the 
Torah.f  There  was  enough  said  concerning  Trefah,  in  the  preceding 
chapter.  As  regards  milk-and-flesh,  although  Maimonides  J  indicates 
that  it  is  a  very  heavy  food  when  cooked  together,  it  will  be  best  evi- 
dence to  his  contention  to  suggest  that  the  presence  of  lithium*  in  the 
milk,  although  in  minute  traces,  might  have  a  very  bad  effect  on  the 
meat.  Lithium  will  only  be  separated  from  the  milk  by  means  of  cooking, 
or  heating  it  intensely.  The  lactic  acid  of  the  meat  might,  as  a  result  of 
the  gaseous  element  of  lithium,  be  neutralized  to  a  degree,  and  render  the 
digestion  of  the  food  difficult.  Perhaps  this  will  explain  the  reason  why 
no  milk  can  be  partaken  after  a  meal  of  meat  for  about  from  three  to  six 
hours,  just  about  the  required  time  to  have  the  meat  digested. 

However,  there  are  some  theories,  and  it  also  is  part  of  Maimonides' 
theory,  that  certain  animals,  as  well  as  certain  mixtures  of  food,  were 
forbidden  so  as  to  separate  the  Jewish  people  from  idolatrous  practices. 
Upon  this  foundation  a  new  theory,  known  as  Totemism,  was  invented. § 
Totemism  in  its  literal  sense  means  Matriarchy,  or  what  the  Germans  call 
"Mutterrecht."  Stripped  from  all  technicalities,  the  very  high-sounding 
ism  refers  to  some  ancient  tribes,  or  races  who  claimed  kinship  only 
through  the  maternal  side.  They  are  said  to  have  worshipped  different 
kinds  of  animals.  Every  such  animal  was  forbidden  to  eat,  and  the 
patrons  of  such  animal  had  its  image  tattooed  on  their  person.  And,  as 
some  American  writers  (who  lack  in  historical  truths,  as  will  presently  be 
pointed  out)  wanted  to  say  something  new,  Totemism  was  connected  to 
the  ancient  Hebrews ;  and,  it  is  alleged,  because  they  served  so  many  dif- 
ferent animals  and  plants,  which  they  had  tattooed  on  their  bodies,  they 
first  refrained  f rom^  and  subsequently  were  charged  not  to  eat  them. 

t  "Reform."   Jewish  Encyclopedia  V.  X.,  350  E.  G.  H.  and  K. 
t  Morah  III.   48. 

•  The  lightest  known  metal  and  is  present  in  very  small  quantity  in  milk  and 
tobacco. 

|  "Totemism."   Jewish   encyclopedia.    Joseph   Jacobs. 


g4  GUIDE)    OF    JUDAISM 

The  assertion  is  historically  groundless.  The  whole  family  system 
of  the  Hebrews,  as  is  traced  in  Genesis,  is  on  the  paterfamilias  line.  Isaac 
was  the  son  of  Abraham,  not  of  Sarah.  Perhaps  the  entire  patriarchal 
system  was  inaugurated  by  ancient  Hebrews.  Where  the  system  of  Matri- 
archy prevailed  there  was  always  a  stipulation  in  the  dotal  contract  that  the 
supremacy  over  the  husband  shall  belong  to  the  wife,  and  that  the  hus- 
band will  obey  her.*  According  to  Herodotus,  the  Lycians  followed  this 
custom.  Counting  kin  through  females  was  a  practice  in  Egypt.  Among 
the  Etruscans  the  wife  was  the  head  of  the  family,  and  descent  was 
counted  through  the  mother  only.  The  Plebians  were  partly  organized 
along  such  lines,  which  was  one  of  the  causes  of  the  long  strife  between 
them  and  the  Patricians.  It  is  true  that  Matriarchy,  or  Totemism,  as  it 
became  recently  known,  was  at  one  time  widely  disseminated,  and  that 
many  ancient  races  practiced  its  dogmas;  but  how  the  ancient  Hebrews 
can  be  connected  with  such  forms  of  belief  and  practice  can  only  be  com- 
prehended by  an  imagination  which  is  mythical.  As  a  matter  of  fact, 
Matriarchy  is  still  in  green  observance  in  some  places ;  for  example,  among 
some  races  of  India  and  Sumatra.f 

No  doubt  that  many  timely  warnings  concerning  idolatry  were  given 
to  the  ancient  Hebrews  in  order  not  fall  prey  to  the  beliefs  and  prac- 
tices of  all  of  their  neighbors,  particularly  the  Egyptians,  who  did  practice 
Totemism,  which  bears  out  the  reasons  advanced  by  Saadia  Gaon  and 
Maimonides ;  but  to  assert  that  the  Hebrews  themselves  practiced  Totem- 
ism, and  had  all  the  animals  tattooed  on  their  bodies,  and,  therefore,  re- 
fused to  eat  them,  is  historically  a  fiction. 

The  animals  permitted  to  eat  are  the  most  developed  and  most  fit, 
from  the  point  of  view  of  hygiene,  of  among  the  vertebrata,  and  only 
one  kind  of  the  Articulata.  The  Mollusca  and  the  Radiata  are  the 
lowest  forms  of  animal  life  and  are  very  difficult  to  be  assimilated  as  food, 
to  replenish  the  blood,  or  build  muscle.  It  is  a  known  fact  that,  for  ex- 

•Dlodorus  I.   27. 

t  See  also  Daresk,  R.,  Etudes  d'  Hlstolre  du  Droit,  3. 


GUIDE    OF    JUDAISM  85 

ample,  the  vulture  has  a  much  higher  temperature  than  the  hen,  or  goose, 
which  renders  its  meat  more  gaseous,  and  less  favourable  to  digest. 

As  a  people,  proud  of  our  tradition,  we  must  observe  our  sacred  laws, 
and  continue  to  get  along  without  the  unclean  beasts  in  our  system,  even 
without  chemical  or  medical  support.  We  have  lived  through  what  other 
races  could  not  without  certain  kinds  of  food.  Others  who  did  eat  much 
more,  and  of  a  greater  variety,  have  long  since  ceased  to  exist.  Perhaps, 
after  all  is  said,  what  we  did  not  eat  did  us  no  harm  at  all  ;  but  what  we 
did  eat  has  done  us  good  —  it  has  kept  us  alive  till  to-day,  and  supplied  us 
with  a  reserved  energy  to  continue  on  our  course  until  our  goal  will  be 
reached. 

CHAPTER   IV 


THE  LAWS  FOR  THE  PREVENTION  OF  CRUELTY  TO  ANIMALS 

ARE  BASED  UPON  THREE  MANDATORY  AND 

SIX  PROHIBITIVE  COMMANDMENTS 

(i)     "Then  shall  he  pour  out  the  blood  thereof,  and  cover  it  with 
dust."    (Lev.  xvii.  13.) 

The  life's  blood  of  wild  animals  and  birds  which  are  permitted  as 
food  must  not  be  left  exposed.  After  slaughtering  any  of  these  species, 
the  blood  thereof  must  be  covered  with  either  dust,  ashes,  or  clay  by  the 
Shohet  or  his  appointee.  This  does  not  at  all  apply  to  the  tame  group-of 
the  clean  animals.  The  reason  was  variously  interpreted,  the  chief  one 
being,  because  all  sacrifice  animals  belonged  to  the  tame  group,  and  o! 
the  birds  only  two  species  of  the  pigeon  group  were  used,  and  as  the 
blood  of  the  sacrifice  animals  were  sprinkled  in  the  sanctuary,  nothing 
further  was  ordered  regarding  it.  However,  all  reasons  seem  to  indicate 
that  the  blood  of  the  animal  was  not  to  be  made  light  of.  And  of  right 
that  it  should  be  so.  Life  in  whatever  form  must  be  respected  and  spared, 


86 

in  so  far  as  it  is  consistent  with  the  law  of  self-preservation.  To  sustain 
human  life,  the  animal's  life  is  of  no  consideration.  The  clean  group 
might  be  eaten,  and  the  unclean  group  might  be  utilized  for  other  needs, 
such  as  furs,  hide,  wool,  and  the  like.  But  no  sanction  was  ever  given  to 
wage  a  war  of  extermination  against  the  inoffensive  inhabitants  of  the 
forests  and  the  air.  Neither  can  there  be  found  any  good  reason  why  one 
should  rejoice  when  many  animals  are  bagged  in  one  day,  the  use  of  which 
might  be  doubtful.  Nevertheless,  it  is  a  fact  that  the  hunter's  prowess  are 
as  much  praised  as  the  great  general's.  Archaeologists  assert  that  the  in- 
stitution of  king  became  a  reality  only  after  one  of  the  primitive  men  dis- 
tinguished himself  as  an  expert  hunter  of  dumb  animals.  The  sport  of 
hunting  continues  till  this  day  to  be  the  highest  sort  of  recreation  for 
many  high-minded  men.  The  laws  of  Judaism  disown  any  such  conduct 
toward  the  lower  animals  which,  like  unto  ourselves,  feel  pain.  There- 
fore, in  killing  an  animal  or  bird,  the  species  of  which,  as  a  rule,  are  diffi- 
cult to  get  hold  of,  no  sport  is  permitted.  The  animal,  or  bird,  is  killed 
because  of  the  need  of  its  meat,  not  for  the  sake  of  pleasing  the  animal- 
side  of  man.  Accordingly,  this  law  orders  to  have  the  blood  covered,  to 
set  an  example  that  the  life  of  the  lower  animal  too  must  receive  consid- 
eration. 

(2)  "Thou  shalt  surely  unload  with  him."    (Exod.  xxiii.  5.) 
When  an  animal  falls  down  under  a  heavy  load,  it  is  obligatory  to 

help  it  rise  up,  and  unload  its  burden.  Moreover,  no  charge  must  be  made 
against  the  owner,  even  he  be  an  enemy,  for  the  time  spent  in  rendering 
such  aid. 

(3)  "But  thou  shalt  surely  let  the  mother  go,  and  the  young  thou 

mayest  take  to  thyself."    (Deut.  xxii.  7.)* 

This  law  is  conclusive  evidence  that  the  Torah  considered  the  exist- 
ence of  the  animal  kingdom  from  every  viewpoint.  One  may  take  the 
nest,  whether  it  be  full  of  unhatched  eggs  or  young  birds ;  but  not  in  the 
mother's  presence.  If  the  mother  continues  to  hover  (and  what  mother- 


GUIDE    OF    JUDAISM  87 

bird  does  not  hover  over  the  nest  of  its  issue  ?)  around  the  nest,  it  is  for- 
bidden to  take  it.  This  law  applies  to  clean  birds,  and  only  in  case  one 
has  a  personal  need  for  either  the  young,  or  the  eggs.  To  hunt  unclean 
birds  is  forbidden  on  the  principle  which  forbids  needless  destruction  of 
anything.*  Moreover,  the  Torah  promises  the  reward  of  long  life  for 
obeying  this  law. 

(4)  "Thou  shalt  not  take  the  mother  with  the  young."      (Ibid. 

xxii.  6.) 

This  is  the  warning  not  to  take  both  the  nest  and  the  mother  even 
when  there  is  an  absolute  need  for  it.  No  war  of  extermination  must  be 
waged  against  the  peaceful  inhabitants  of  the  air,  which  cheer  so  much 
our  mornings  and  evenings.  This,  as  well  as  the  law  in  the  preceding1 
paragraph,  include  only  wild  birds,  but  do  not  at  all  apply  to  hens'  nests. 

(5)  "And  whether  it  be  ox,  or  sheep,  ye  shall  not  kill  it  and  its 

young  both  in  one  day."    (Lev.  xxii.  28.) 

This  law  refers  to  domesticated  animals  only.  If  the  sire  of  a  cer- 
tain young  animal  is  known,  the  same  rule  must  be  followed.  To  do  con- 
trary would  appear  as  an  implied  sanction  to  exterminate  a  whole  branch 
of  the  animal  kingdom.  When  one  buys  an  animal  from  a  cattle-dealer 
on  the  eve  of  Rosh-Hashanah,  Pesah,  Shebuot,  or  Shmini-Azeret,  the  ven- 
dor is  obliged  to  tell  him  whether  or  not  he  had  sold  on  the  same  day 
either  the  mother  or  its  young,  the  presumption  being  that  the  other  pur- 
chaser will  also  prepare  meat  for  the  holiday,  and  an  infringement  of  the 
law  might  ensue. f 

(6)  "And  in  your  land  shall  ye  not  make  the  like."    (Ibid.  xxii.  24.) 
This  law  refers  to  castration. 

(7)  "Thy  cattle  shalt  thou  not  let  gender  with  a  divers  kind."   (Ibid. 

xix.  19.) 
This  forbids  cross-breeding  of  any  kind. 

•Bal  Tashit. 

t  There  is  no  need  to  give  this  information  on  the  eve  of  Sukkot  as  everybody 
Is  then  busy  with  building  the  Sukkot,  nor  on  the  eve  of  Yom  Kipur  when 
poultry  or  fish  is  mainly  eaten. 


88  GUIDE    OP    JUDAISM 

(8)  "Thou  shalt  not  plough  with  an  ox  and  an  ass  together."   (Deut. 

xxii.  10.) 

The  physical  strength  of  every  animal  is  singular  to  its  own  constitu- 
tion. So  are  the  distribution  of  likes  and  dislikes  among  the  various  types, 
or  species.  This  law  applies  to  all  animals.  The  implied  commandment 
of  this  is  also  the  law  against  overburdening  any  animal,  or  beating  it. 
Cruelty  in  whatever  form  is  inexcusable  and  therefore  forbidden. 

(9)  "Thou  shalt  not  see  thy  brother's  ass,  or  his  ox  fallen  down  by 

the  way,  and  withdraw  thyself  from  them."    (Ibid.  xxii.  4.) 
This  law  carries  the  principle  of  pity  toward  dumb  animals  still  fur- 
ther.    It  is  not  sufficient  to  refrain  from  being  cruel  to  them.     Its  pain 
must  be  lessened  whenever  and  wherever  such  pain  is  apparent. 

(10)  "Thou  shalt  not  muzzle  the  ox  when  he  thresheth  out  the 

corn."    (Ibid.  xxv.  4.) 

All  animals  must  be  fed  before  one  eats  himself.  To  deny  feed  to 
an  animal  is  the  worst  form  of  cruelty.  This  law  applies  to  all  sorts  of 
animals  and  birds.* 

Fortified  with  this  code  against  cruelty  to  animals,  the  Jewish  people 
thought  itself  at  least  free  from  groundless  accusations.  But  some  na- 
tions thought  otherwise.  They  singled  out  the  Jewish  method  of  slaugh- 
tering cattle  as  an  example  of  cruelty.  Perhaps  the  very  early  persecutors 
aimed  to  strike  at  Judaism,  and  pointed  out  Shehita  as  a  pretence.  The 
earliest  record  of  persecutions  against  the  Jewish  people  on  account  of 
Shehita  is  no  doubt  the  one  of  Landshut,  Germany,  which  had  one  of  its 
meat  regulations  read  as  follows:  "Butchers  should  sell  'Jew-meat  and 
measly  meat'  nowhere  except  between  the  meat  tables,  and  that  neither 
measly  meat  nor  Jew  meat  should  be  offered  as  good  meat."  (1401).  In 
1414,  the  regulation  was  still  further  reinforced  in  the  city  of  Ulm,  by 
forbidding  a  butcher  offering  'Jew  meat'  to  sell  other  meat  entirely. f 
However,  the  first  prohibitive  law  on  record  against  Shehita  in  modern 

•  Emdon   in   Yaaboz. 
f  Ostertag's   17. 


GUIDE    OP    JUDAISM  89 

times,  no  doubt  is  the  "order  24",  passed  at  Schweibus  in  1590,  which 
reads  as  follows:  "The  Jewish  method  of  slaughter  shall  be  entirely  for- 
bidden, and  any  master  of  inspection  who  shall  permit  a  Jew  to  slaughter 
according  to  their  custom,  whether  a  large  or  a  small  animal,  shall  forfeit 
his  office."  Neither  was  France  much  behind  in  making  discriminatory 
laws  against  the  Jews  as  regards  Shehita.  Robert  von  Anjou,  a  descend- 
ant of  Fulke  Anjou,  who  was  (1135)  king  of  Jerusalem,  issued  an  edict 
that  Jews  must  have  separate  slaughterhouses,  and  that  "neither  Jews  nor 
lepers,  nor  prostitutes"  must  touch  meat  with  their  fingers.  However, 
the  greatest  activity  against  Shehita  really  dates  back  only  a  few  years, 
which  was  a  direct  result  of  the  many  appeals  made  "on  behalf  of  the 
dumb  animals"  by  leaders  of  the  societies  for  the  prevention  of  cruelty  to 
animals.  In  Germany  it  was  born  almost  simultaneous  with  the  anti- 
Semitic  movement.  For  nearly  thirty-five  centuries  these  laws  of  the 
Torah  for  the  prevention  of  cruelty  to  animals  were  a  sealed  book  to 
practically  all  nations.  But  no  sooner  has  it  been  scientifically  demon- 
strated that  the  lower  animals  really  suffer  pain  than  the  Jews  became  the 
sufferers  for  having  a  method  of  slaughter  which  was  unknown  to  the 
rest  of  the  world. 

The  activities  of  the  S.  P.  C.  A.  Jewryward,  though  largely  confined 
within  the  borders  of  the  German  Empire,  finally  crossed  the  Atlantic  and 
landed  in  an  Eastern  port,  in  Halifax,  N.  S.,  Canada.  Mr.  R.  H.  Murray 
became  the  champion  of  the  S.  P.  C.  A.,  and  on  March  19,  1913,  the  dis^ 
covery  was  made  that  the  local  Shohet,  Rev.  Abo  Gershon  Levitt,  who  ob- 
tained his  Kabalah,  or  certificate,  from  the  late  Rabbi  Isaac  Elhanan  Spec- 
tor,  of  Kovno,  did  commit  cruelty  upon  a  heifer,  according  to  the  evi- 
dence of  an  agent  of  the  S.  P.  C.  A.,  in  the  following  manner : 

"Then  defendant  stepped  up  and  cut  the  heifer's  throat.  The 
animal  struggled,  pounded  on  the  floor,  kicked  with  the  fore  legs,  and 
gasped." 


90  GUIDE    OF    JUDAISM 

An  expert  witness  then  described  what  the  "cut"  was : 

"I  am  a  veterinary  surgeon.  Defendant  severed  the  throat.  The 
first  to  be  severed  was  the  skin,  then  the  muscle,  then  the  windpipe, 
then  four  jugular  veins,  two  arteries,  two  nerves  on  each  side,  and 
other  small  nerve  films." 

Accordingly,  Rabbi  Isaac  Elhanan's  Shohet  was  found  guilty  by  Sti- 
pendiary Magistrate  Fielding,  a  brother  to  the  Hon.  William  Fielding, 
late  Finance  Minister  of  Canada,  who  negotiated  the  Treaty  of  Reci- 
procity between  Canada  and  the  United  States  with  ex-President  William 
Howard  Taft.* 

The  Halifax  Jewry  appealed  the  case,  and  Judge  Wallace,  on  June 
13,  1913,  reversed  the  Stipendiary  Magistrate  by  declaring  that,  "accord- 
ing to  the  evidence,  the  Jewish  method  of  slaughter  was  more  humane 
than  any  method  known." 

The  case,  Rex.  vs.  Levitt,*  now  forms  a  chapter  in  Canadian  Juris- 
prudence. The  evidence  for  Shehita  was  mainly  founded  upon  the  prin- 
ciples of  the  Talmud,  Maimonides,  and  Shulhan  Aruh.  Professor 
David  Fraser  Harris,  M.D.M.C.D.Sc.F.R.S.,  who  occupies  the  chair  of 
Histology  and  Physiology  at  Dalhousie  University,  Halifax,  N.  S.,  Can- 
ada, gave  expert  testimony  when  the  case  came  up  in  appeal.  Before  the 
trial,  when  it  was  pointed  out  to  him  what  the  Jewish  method  of  slaugh- 
ter really  is,  and  the  conclusions  of  the  Talmudists  regarding  it,  he  was 
agreeably  surprised  to  discover  the  great  source  of  scientific  knowledge 
which  is  altogether  unknown  to  the  modern  scientists. f  The  crown  pros- 
ecutor, Mr.  Murray,  was  actually  amazed  to  find  out  that  the  subject  of 
cruelty  to  animals  was  touched  by  the  Talmudists.  An  element  of  wit  at 

•  The  case,  Rex  vs.  Levitt,  being:  the  first  on  record  In  the  new  world,  stirred 
the  whole  Canadian  Jewry. 

» The  Halifax  community  appealed  to  the  Author  to  come  to  its  aid.  The 
Author  journeyed  thither,  and  conducted  the  case  entirely  at  his  own  expenses. 

t  Dr.  Harris  consented  to  give  expert  testimony  only  after  the  Author  pointed 
out  to  him  the  method  cf  Shehita.  The  Author  himself  was  the  first  expert  wit- 
ness called.  Subsequently  the  Jewish  community  elected  him  as  its  honorar> 
Chief  RabbL 


GUIDE    OF    JUDAISM  91 

the  trial  was  the  able  attorney,  Mr.  W.  J.  O'Hearn,  on  behalf  of  Rev. 
Levitt.  He  had  one  of  the  experts  of  Mr.  Murray  allege  under  oath  that 
"a  rooster  without  a  head"  is  susceptible  to  pain. 

No  doubt  that,  in  so  far  as  Canada  is  concerned,  the  S.  P.  C.  A.  will 
make  no  further  attempts  against  the  Shehita. 

Cruelty  to  animals  is  forbidden  in  Jewish  ethics.  We  learn  it  from 
the  ways  of  God.  He  is  merciful  to  all  His  creatures ;  so  must  man  be. 
The  dove  is  more  pleased  with  the  bitter  leaves  which  are  provided  by 
Almighty  than  enjoy  sweets  and  be  in  the  hand  of  man.  It  is  of  the  great- 
est importance  to  engender  love  for  the  dumb  animal  in  the  heart  of  the 
child.  Even  great  men  err  in  ethics,  when  their  fondness  for  animals  i- 
Hmited  to  a  love  for  hunting  them.  Shedding  blood  unnecessarily  will 
harden  one's  heart  and  cause  him  to  look  for  strife.  The  greatest  example 
is  ex-President  Theodore  Roosevelt.  He  is  a  great  hunter,  and  his  great- 
est wish,  as  the  American  press  reported  it,  was  to  die  on  a  battlefield ! 

Man  must  not  look  upon  bloodshedding  as  either  a  means  or  an  end. 
The  first  step  leading  to  bloodshed  is  cruelty  to  animals.  It  is  related  of 
Abraham  Lincoln  that,  on  visiting  the  battle  front  during  the  American 
Civil  War,  he,  on  one  stormy  night,  saved  a  cat  from  exposure.  So  long 
as  slavery  could  not  be  abolished  without  bloodshed,  so  long  might  was 
against  right,  he  looked  upon  war  as  a  commendable  principle,  but  this 
should  never  interfere  with  doing  a  kind  act,  even  when  such  act  is  di 
rected  to  save  a  cat  from  unnecessary  pain.  This  is  identical  with  the 
principles  of  Judaism. 


92  GUIDE    OF    JUDAISM 

CHAPTER   V 


THE  LAWS  OF  MARRIAGE,  DIVORCE,  KINSHIP  AND  SOCIAL 

DUTIES  ARE  BASED  UPON  TEN  MANDATORY  AND 

FORTY-THREE  PROHIBITIVE  COMMANDMENTS 

(i)  "And  God  blessed  them,  and  God  said  unto  them:  Be  fruitful 
and  multiply."  (Gen.  i.  28.)  "And  you,  be  ye  fruitful,  and 
multiply."  (Ibid.  ix.  7.) 

The  generations  of  mankind  must  not  cease.  Man,  as  the  head  of 
the  family,  is  alone  included  in  this  commandment.  Woman  can  not  be 
considered  a  violator  of  this  commandment,  if  she  is  not  seeking  mar- 
riage, because  she  is  not  presumed  to  take  up  the  responsibility  of  a  fam- 
ily. It  is,  therefore,  in  line  with  Jewish  civilization  that  the  man  must 
take  the  initiative  in  establishing  a  home.  The  age  of  puberty  is  at  thir- 
teen years  and  one  day,  and  twelve  years  and  one  day,  of  the  boy  and  the 
girl  respectively.  But  the  age  when  man  must  take  unto  himself  a  wife  is 
when  he  reaches  his  eighteenth  year.  Man  is  a  sinner  if  he  is  past  the  age 
of  twenty  and  refuses  to  marry.  The  exceptions  to  these  rules  being  :  stu- 
dents of  the  Torah,  or  such  as  have  no  means  of  earning  a  livelihood  and 
are  engaged  in  acquiring  a  trade,  art,  or  profession.  To  remain  single  of 
choice,  and  to  marry  late  in  life  for  convenience,  is  a  moral  sin.  Particu- 
larly so  among  the  modern  Jews.  The  influence  of  Judaism  upon  the 
world's  culture  depends  entirely  upon  the  conduct,  especially  the  moral 
conduct,  of  every  individual  Jew.  The  nations  were,  and  to  a  great  de- 
gree are,  little  particular  as  to  the  wastage  of  the  Jewish  population.  Ex- 
pulsions, emigration,  wandering,  arbitrary  laws,  economic  disadvantages, 
poverty  and  congestion  in  large  cities  contribute  no  mean  proportion  to 
check  the  numerical  increase  of  the  Jewish  race.  And  if  in  addition  to  all 
these  there  should  develop  an  inner  social  restraint,  race  suicide  will  be- 


GUIDE    OF    JUDAISM  93 

come  a  not  far-off  reality.  In  the  early  day  of  Jewish  history,  polygamy 
was  encouraged,  no  doubt,  as  a  measure  of  economic  necessity,  although 
the  desire  to  increase  the  number  of  cultured  people  and  thereby  further 
the  cause  of  civilization  seems  to  have  been  the  primary  object  in  view. 
However,  from  any  point  of  view  the  student  of  social  economy  may  look 
upon  it,  the  Jewish  people,  as  a  race,  should  stand  foremost  among  those 
who  advocate  large  families. 

(2)     "When  a  man  hath  taken  a  wife  and  married  her."     (Deut. 
xxiv.  I.) 

This  is  interpreted  to  be  the  commandment  which  called  in  existence 
the  institution  of  marriage.  The  earliest  Hebrews  were  grouped  in  fam- 
ilies, tracing  kinship  through  the  father,  in  contradistinction  to  the  method 
of  establishing  relationship  through  the  female,  in  vogue  among  the  so- 
called  civilized  nations  of  the  ancient  world,  as,  for  example,  the  Egyp- 
tians. No  doubt  that  the  origin  of  Matriarchy,  or  Totemism,  was  due  to 
the  practice  of  the  day.  In  the  absence  of  laws  regulating  marriage,  the 
identity  of  the  father  was  a  difficult  task.  The  system  of  Paterfamilias  in 
Rome  was  inaugurated  much  later.*  Lycurgus  claimed  that  his  country 
was  free  from  adultery,  because  all  children  belonged  to  the  State,  and 
child-bearing  was  a  matter  of  natural  selection  in  its  literal  sense.  For 
example,  a  normal  woman  who  had  a  sick  husband,  was  ordered  to  select 
the  father  of  her  children  from  among  the  healthy  males  of  Athens.f  But 
the  laws  of  Judaism,  from  the  very  dawn  of  Jewish  history,  regarded  the 
home  and  family  as  the  foundation  of  purity  and  morality.  The  act  of 
taking  a  wife  unto  one's  self  is  called  Kdushin,  or  sanctification.  The" 
ceremony  in  itself  is  of  the  simplest  character,  but  its  significance  is 
soulful  and  penetrating.  The  act  of  Kdushin  must  be  in  the  pres- 
ence of  two  witnesses,  entirely  strangers  to  both  contracting  parties.  The 
woman's  consent  is  an  absolute  necessity  for  the  validity  of  the  act.  There 
must  be  a  consideration  given  to  the  woman.  Such  consideration  must  be 

•  See   law   of  XII    tables. 

t  See  Plutarch's  Lives,  Lycurgus. 


94  GUIDE    OF    JUDAISM 

of  some  value,  the  minimum  being  something  which  is  worth  at  least  a 
coin  of  the  smallest  denomination.  Marriage  by  proxy  was  valid  No 
doubt  on  economic  grounds.  Common-law  marriage,  too,  was  valid,  and 
gave  the  issue  a  legal  standing,  if  the  intentions  of  the  parties  were  ex- 
pressed before  two  witnesses.  A  dower  is  an  absolute  necessity.  The 
minimum  being  two  hundred  zuzim  to  a  virgin,  and  one  hundred  to  a 
widow,  divorcee,  or  other  conditioned  woman.  This  no  doubt  formed  a 
basis  for  the  laws  of  manus.t  It  gave  to  Jewish  woman  universal  right 
to  the  ownership  of  some  property,  regardless  of  the  form  of  marriage. § 
By  contract,  the  Jewish  woman  may  own  all  property  set  aside  as  her  own 
in  a  pre-nuptial  instrument.  She  also  had  a  right  to  stipulate  that  her 
surviving  male  heirs  should  be  beneficiaries  to  the  dower  promised  to  her 
by  the  husband  under  the  Ktubah,  or  contract  of  dower.  When  a  man 
married,  he  became  obligated  to  his  wife  to  fulfill  ten  different  obligations. 
They  are :  To  support,  clothe,  and  do  his  duty  as  husband ;  to  give  her 
medical  aid  when  sick ;  to  redeem  her  if  she  be  taken  captive ;  to  pay  her 
funeral  expenses ;  if  she  survives  him,  to  be  supported  of  his  estate,  and 
dwell  in  his  house  so  long  she  remains  in  her  widowhood ;  to  support  her 
daughters,  of  whom  he  is  the  father,  at  the  cost  of  his  estate,  till  they 
marry;  to  have  her  sons,  of  whom  he  is  the  father,  inherit  her  dower 
in  addition  to  their  share  along  with  other  brothers,  if  there  be  any, 
of  another  marriage.  The  husband  acquires  four  rights  of  property. 
They  are:  her  earnings;  the  income  of  her  estate;  anything  she  might 
find;  precedence  to  inherit  her  property.  However,  a  pre-nuptial  con- 
tract may  do  away  with  all  these  special  privileges  and  rights  acquired 
by  both  parties,  excepting  the  minimum  dower,  Ktubah,  his  duty  toward 
her  as  husband,  and  his  right  of  inheriting  her  estate.  Woman,  in  the 
laws  of  Judaism,  was  never  interdicted.  She  retained  her  right  of  prop- 
erty even  without  a  marriage  contract.  In  rites  and  some  other  religious 

J~The  Romans  inaugurated  manus  at  a  much  later  date  than  the  laws  of 
Ketubah. 

{ Roman  woman  was  entirely  interdicted,  unless  otherwise  provided  in  pre- 
nuptial  contract.  So  are  modern  women  where  Roman  laws  were  adopted,  such 
as  in  the  Province  of  Quebec,  or  Germany. 


GUIDE    OP    JUDAISM  95 

laws  she  figures  very  little,  but  it  is  not  because  of  the  inferiority  of 
her  sex.  It  is  a  privilege  that  she  enjoys  to  be  excused  from  some 
duties  which,  for  instance,  require  performance  at  given  times.  The 
Reform  wing  of  American  Judaism  proclaims  that  it  stands  for  the 
liberation  of  the  Jewish  woman  by  making  her  equal  to  man  in  count- 
ing her  in  among  the  requisite  number  of  ten  Israelites  to  hold  services. 
But  it  manifests  a  gross  amount  of  ignorance  as  to  what  legal  disa- 
bilities really  mean.  In  her  right  to  live  independent,  to  own  and  enjoy 
civic  and  property  rights,  the  Jewish  woman  was  well  protected. 
Socially  and  religiously  her  duties  were  confined  to  the  sphere  which  has 
to  do  with  the  home,  with  her  children,  with  her  family.  A  woman  is 
neither  a  drudge  nor  a  drone,  if  she  is  a  mother  to  her  children,  and  a 
wife  to  her  husband.  The  home  is  the  circle  of  woman's  happiness.  If 
woman  finds  it  otherwise,  the  fiault  must  be  looked  for  elsewhere  than  in 
the  laws  of  Judaism.  Perhaps  the  loose  morals  of  the  man  who  discards 
his  part  of  the  laws  of  Judaism  could  account  for  a  large  part  of  the  vol- 
ume of  complaint.  What  is  really  the  social  need  of  the  present  might  be 
answered  in  a  word — Judaism. 

(3)  "If  brothers  dwell  together,  and  one  of  them  die,  and  have  no 

child,  then  shall  the  wife  of  the  dead  not  be  married  abroad, 
unto  a  stranger ;  her  husband's  brother  shall  .  .  .  take  her 
to  himself  for  wife."  (Ibid.  xxv.  5.) 

This  law,  since  polygamy  is  no  more  an  economic  or  social  necessity, 
and  therefore  forbidden,  can  not  now  be  complied  with.  And,  as  the 
brother  who  survived  had  the  option  of  refusal,  the  law  of  the  succeeding 
paragraph  is  followed  in  case  one  dies  childless  and  leaves  brothers. 

(4)  "And  if  the  man  have  no  desire  to  take  his  sister-in-law ;  then 

shall  his  sister-in-law  go  up  to  the  gate  unto  the  elders. 
.  .  .  Then  shall  his  sister-in-law  come  nigh  unto  him  in  the 
presence  of  the  elders,  and  pull  his  shoe  from  off  his  foot, 


96  GUIDE    OF    JUDAISM 

and  spit  out  before  him,  and  shall  commence  and  say :  Thus 
shall  be  done  unto  the  man  that  will  not  build  up  his  broth- 
er's house."  (Ibid.  xxv.  7-9.) 

This  ceremony  of  Helizah  now  takes  place  of  Yibom,  or  marrying 
one's  sister-in-law,  if  a  brother  dies  childless.  It  is  an  ancient  Hebrew 
law  expounding  the  principles  that  no  family  shall  become  cut  off  and  ex- 
tinct. When  a  brother  dies  childless,  his  widow  is  ipso  judicto  the  wife  of 
the  eldest  surviving  brother,  there  being  no  Kdushin  needed  at  the  time 
the  law  of  "rebuilding  the  house  of  a  brother"  was  in  force.  Kdushin  was 
inaugurated  at  a  later  date  to  protect  the  woman's  right  of  property.  And, 
although  the  brother  has  the  option  of  refusal,  and  upon  this  law  of  lim- 
itation is  built  the  present  law  of  Helizah,  the  wife  of  a  deceased  brother 
can  not  remarry  unless  Helizah  does  take  place.  An  infant  brother  can 
not  give  Helizah.  Puberty  is  considered  majority  regarding  Helizah.  Any 
child  that  the  husband  may  have,  of  another  marriage,  or  of  no  marriage, 
will  release  his  wife  from  the  bonds  of  Helizah.  A  posthumous  child, 
even  if  it  died  right  after  birth,  if  such  child  was  well  developed,  or  if  it 
lives  fully  thirty  days  after  birth,  has  the  same  effect  to  free  the  bonds  of 
Helizah. 

(5)  "And  he  (the  High  Priest)  shall  take  a  wife  in  her  virgin 
state."  (Lev.  xxi.  13.) 

This  law  is  conclusive  evidence  that  from  the  earliest  times  Judaism 
propagated  the  principles  of  hereditary  influence  upon  mind  and  body. 
Th°  High  Priesthood  office  was  hereditary.  It  was  the  most  exalted  office 
in  the  gift  of  Israel.  It  was,  therefore,  of  the  greatest  importance  that 
the  mother  of  a  future  High  Priest  shall  be  pure  in  mind  and  in  body 
never  even  having  had  the  thought  of  any  other  save  the  father  of  her 
children. 

X6)  "And  if  a  man  seduce  a  virgin  that  is  not  betrothed  ...  he 
shall  surely  endow  her  to  be  his  wife."  (Exod.  xxii.  15.) 


GUIDE    OP    JUDAISM  97 

(7)  "And  she  shall  become  his  wife,  because  he  hath  done 
violence  to  her."  (Deut.  xxii.  29.)  (8)  "Because  he  hath 
spread  abroad  an  evil  name  upon  a  virgin  of  Israel ;  and  she 
shall  remain  his  wife."  (Ibid.  xxii.  19.) 

These  laws  are  both  remedial  and  preventive.  They  are  covering 
every  possible  evil  that  man  may  perpetrate  against  the  honor  of  woman. 
When  there  was  mutual  consent,  the  man  has  the  option  of  either  mar- 
rying the  woman,  or  pay  her  indemnities  consisting  of  a  fine,  as  is  stipu- 
lated in  the  Torah  (supra  6),  and  damages  for  having  shamed  her,  and 
for  having  blemished  her  character.  When  the  evil  was  committed  vio- 
lently, he  has  no  choice,  but  must  marry  her,  unless  she  be  his  near  rela- 
tive, and  lawful  marriage  between  them  impossible.  But  the  woman  has 
the  option  of  refusing  him,  and  if  she  does  refuse  him,  he  has  to  pay  a 
fine,  as  is  stipulated  in  the  Torah  (supra  7),  and  indemnities  for  having  put 
her  to  shame,  for  having  blemished  her  chastity,  and  for  having  caused 
her  pain.  If  he  marries  her,  he  can  never  divorce  her,  unless  the  grounds 
be  on  her  account.  When  a  man  marries  a  woman,  and  spreads  an  evil 
report  about  her  (supra  8),  she  must  be  his  wife  forever,  in  addition  to 
the  fine  and  flogging  he  is  to  suffer. 

(9)  "When  a  woman  goeth  aside  behind  her  husband,  and  hath  been 
defiled  .  .  .  and  the  priest  shall  do  unto  her  altogether  ac- 
cording to  this  law."  (Num.  v.  29-30.) 

The  man's  right  to  warn  his  wife  against  associating  with  any  man 
is  established  by  this  law.  The  woman  is  obliged  to  remove  the  causes  of 
jealousy.  To  protect  the  home  and  the  family  against  any  disgrace,  such 
right  had  to  be  vested  in  man,  who  is  the  nominal  protector  of  both.  When 
a  man  had  cause  to  believe  that  his  jealousies  were  based  upon  reasonable 
grounds,  his  wife  was  brought  before  the  priest  who  charged  her  by  oath 
and  gave  her  a  cup  of  bitter  waters  to  drink,  to  test  her  innocence  or  her 
guilt.  However,  this  manner  of  trial  of  a  faithless  woman  could  be  re- 
sorted to  only  when  there  were  witnesses  that  her  conduct  was  not  proper 


98  GUIDE    OP    JUDAISM 

and  that  she  did  keep  company  with  the  man  against  whom  her  husband 
warned  her.  Or,  if  the  husband  was  entirely  ignorant  as  to  her  conduct, 
and  it  became  publicly  known  that  she  is  on  familiar  terms  with  a  certain 
man,  and  a  warning  was  given  her  by  the  authorities  against  such  man, 
then  the  "trial  of  bitter  waters"  was  justified  even  without  the  foreknowl- 
edge of  the  husband.  But  faithless  women  were  a  rarity,  and  a  Sotah  was 
practically  unknown  among  Jewish  women.  A  similar  law,  possibly  built 
upon  this  principle,  was  in  practice  in  British  courts  (1066).  In  order  to 
get  out  facts  from  an  accused,  after  putting  him  under  oath,  he  went 
through  an  ordeal  by  fire,  or  by  water,  or  by  the  accursed  morsal  *.  There 
is  no  record  in  Jewish  jurisprudence  of  the  name  of  a  Sotah  who  lost  her 
life  as  a  result  of  the  ordeal  of  "bitter  waters" ;  but  it  is  said  that  the  great 
Earl  Godwin  choked  himself  by  partaking  of  the  "accursed  morsal."  f 

(10)     "And  it  come  to  pass,  that  if  she  find  no  favor  in  his  eyes, 
because  he  hath  found  some  scandalous  thing  in  her,  he 
may  write  her  a  bill  of  divorcement,  and  give  it  in  her 
hand,  and  sent  her  away  out  of  his  house."  (Deut.  xxiv.  I.) 
Divorce  was  never  a  social  problem  in  Jewish  life.     Primarily  the 
grounds  for  divorce  are  limited  to  only  three  kinds  of  "scandalous  things" : 
(a)  Unchastity ;  (b)  violation  of  the  laws  of  Moses ;  (c)  violation  of  Jew- 
ish customs  of  decency.*    Unless  a  woman  committed  adultery,  the  hus- 
band may  forgive  her  any  other  violation  which  might  be  ground  for  di- 
vorcing her.    There  are  also  certain  grounds  upon  which  a  woman  may 
get  a  divorce  from  the  man,  such  as  unbearable  disease — leprosy,  for  in- 
stance.   Mutual  ground  for  divorce  is  a  childless  marriage.    The  love  of 
family  being  strong  among  the  Jewish  people,  the  latter  cause  brought 
about  the  majority  of  divorces  during  the  last  few  centuries,  particularly 
since  polygamy  was  abolished.    However,  in  recent  years,  due  to  the  great 
exodus  from  Russia  and  other  European  countries,  divorce-getting  and 

•Dean'a  English  Legal  History.  Third  Edition,   7-8. 

t  Ibid. 

•  Dath  Moses  and  Dath  Jehudith. 


GUIDE    OF    JUDAISM  99 

divorce-giving  became  a  great  problem  in  the  newly  organized  Jewries  in 
America  and  Great  Britain.  But  with  the  lapse  of  time  the  evil  will  dis- 
appear. The  lack  of  a  sense  of  responsibility  among  the  so-called  radical 
element,  which  is  mainly  composed  of  a  floating  population,  and  the  agita- 
tion of  no-marriage-and-no-birth  relationship  among  the  sexes,  for  a  time 
caused  much  uneasiness  among  the  Jewish  social  workers  and  Rabbis. 
But  as  time  goes  on,  and  as  the  number  was  insignificant  in  the  first  place, 
the  floating  population  of  the  larger  centers  of  both  sides  of  the  Atlantic 
gradually  is  finding  itself  anew,  and  a  kind  of  renaissance  is  taking  place. 

The  bill  of  divorce  which  tears  asunder  the  sacred  bonds  of  marriage 
is  the  most  important  document  in  Jewish  jurisprudence.  In  all,  there  are 
ten  essential  conditions  to  be  complied  with  before  the  woman  is  consid- 
ered divorced  and  free  to  remarry.  They  are:  (a)  the  man's  consent; 
(b)  the  act  must  be  a  written  instrument;  (c)  it  must  contain  a  clear 
statement  that  she  is  divorced  and  completely  asunder  from  him;  (d)  its 
subject  must  be  exclusively  relating  to  the  severance  of  connection  between 
them  both ;  (e)  it  must  be  specifically  in  her  name ;  (f)  nothing  should  be 
wanting  at  its  completion  excepting  delivery ;  (g)  it  must  be  delivered  to 
her;  (h)  the  delivery  must  be  in  the  presence  of  two  or  more  witnesses; 
(i)  at  the  delivery  it  must  be  known  to  her  that  it  is  a  bill  of  divorce; 
(j)  the  delivery  must  be  made  either  by  the  husband  himself  or  by  his 
duly  appointed  proxy.  All  these  are  essential  according  to  the  laws  of 
the  Torah.  Later  it  was  enacted  that  the  date  and  the  signature  of  the 
witnesses  are  equally  as  essential.  The  custom  is  that  the  Rabbi,  when  the 
grounds  are  not  clear  or  are  emanating  from  personal  disagreements,  re- 
frains from  issuing  a  bill  of  divorce.  "When  a  man  divorces  his  first  wife, 
even  the  altar  sheds  tears,"  says  the  Talmud.  The  greatest  responsibility 
connected  with  the  office  of  orthodox  Rabbi  is  the  "Get." 

Before  uniting  a  couple  in  marriage,  the  officiating  minister  should 
ascertain  the  exact  kinship  of  the  applicants.  The  relatives  forbidden  to 


100  GUIDE    OF    JUDAISM 

intermarry  among  themselves  are  enumerated  in  the  succeeding  paragraph, 
each  relative  representing  a  prohibitive  commandment. 

(n)  a  mother;  (12)  father's  wife,  included  in  this  is  also  grand- 
father's wife  and  ascendants,  but  on  his  maternal  side  the  limit  is  only  to 
mother's  father's  wife;  (13)  a  sister,  either  from  one  father  or  from  one 
mother,  even  if  it  be  the  illegitimate  issue  of  either  of  the  parents ;  (14)  a 
sister  from  one  father  born  of  a  lawful  marriage ;  but  it  does  not  include 
the  daughter  of  a  father's  wife,  born  of  a  previous  marriage;  (15)  a 
grand-daughter  through  a  son;  or  (16)  through  a  daughter;  (17)  a 
daughter,  even  of  unlawful  birth;  (18)  a  wife's  daughter;  (19)  a  wife's 
grand-daughter  through  her  son;  or  (20)  through  her  daughter,  even  of 
unlawful  birth ;  in  these  are  also  included  three  ascendants :  the  mother-in- 
law,  the  mother-in-law's  mother,  and  the  father-in-law's  mother;  (21) 
father's  sister,  whether  from  one  father,  or  from  one  mother,  even  of  un- 
lawful birth;  (22)  mother's  sister,  the  same  as  a  father's  sister;  (23)  the 
wife  of  father's  brother,  which  includes  also  the  wife  of  mother's  brother, 
even  if  in  both  instances  the  kinship  is  through  the  maternal  side  only; 
(24)  a  son's  wife  and  all  descendants,  but  a  daughter-in-law  of  a  daughter 
is  limited  to  that  degree  only;  (25)  a  brother's  wife,  whether  through 
paternal  or  maternal  side,  whether  a  brother's  widow,  or  divorcee;  (26) 
a  wife's  sister,  as  long  as  the  wife  is  living;  this  also  includes  the  sister 
of  a  deceased  brother's  wife,  who  was  left  childless  and  must  take  Helizah  ; 
(27)  another  man's  wife.  The  issue  of  any  of  these,  whether  by  error  or 
by  deliberate  act,  with  the  exception  of  the  Sniyoth,*  are  what  the  Torah 
names  Mamzorim,  and  (28)  never  should  a  Mamzor  be  permitted  to 
marry  a  Jewish  son  or  daughter.  A  child  born  without  the  bonds  of  wed- 
lock, if  there  were  none  of  the  enumerated  disabilities  in  the  parents,  is 
not  a  Mamzor,  and  is  permitted  to  marry  within  the  Jewish  folds. 

There  are  also  special  conditions  which  render  intermarriage  between 
some  classes  of  people  impossible.  They  are:  (29)  a  High  Priest,  or 

•  For  example:  a  brother  dies  childless  and  leaves  a  wife  who  Is  obllped  to 
be  released  by  Helizah.  Such  sister-in-law's  Bister  Is  disallowed,  but  she  belongs 
to  Sinyoth.  or  secondary  relatives. 


GUIDE    OF    JUDAISM  101 

priest,  must  not  marry  a  harlot;  (30)  or  a  profaned  woman  ;f  (31)  or  a 
divorcee ;  (32)  a  High  Priest  must  not  marry  a  widow ;  (33)  or  have  any 
relations  with  her,  even  she  be  widowed  after  betrothal ;  (34)  not  to  inter- 
marry with  any  of  the  seven  nations  which  occupied  Palestine  before  the 
Hebrews  settled  there,  or  with  any  one  outside  of  the  Hebrew  race;  (35) 
or  with  any  male  of  the  Amonites  or  Moabites ;  (36)  or  with  any  descend- 
ants of  Esau,  before  two  generations  lapse  after  they  embrace  Judaism ; 
(37)  or  witn  any  Egyptian,  before  the  lapse  of  two  generations  after  they 
were  proselytised ;  (38)  or  with  a  eunuch,  if  he  be  not  such  by  birth ;  (39) 
or  with  a  woman  who  has  not  taken  Helizah ;  (40)  or  one's  own  divorcee, 
if  she  married  another  man  and  was  divorced  or  widowed  from  him. 

It  is  forbidden  (41)  to  refuse  to  support  a  wife  properly,  to  clothe 
her,  or  to  fail  to  perform  the  duties  incumbent  upon  a  husband ;  (42)  to 
have  any  relationship  with  a  prostitute;  (43)  to  divorce  a  wife  by  whom 
she  had  been  violently  defiled  before  marriage ;  (44)  or  divorce  a  wife 
against  whom  the  husband  had  spread  an  evil  report  after  marriage;  (45) 
to  pour  oil  upon  the  offering  of  a  Sotah ;  (46)  or  put  any  frankincense 
thereupon;  (47)  to  approach  one's  own  wife  when  she  is  menstruous, 
including  the  prescribed  period  after  childbirth ;  (48)  see  Lev.  xviii.  6. ; 
(49)  Ibid.  23;  (50)  Ibid.  — ;  (51)  Ibid.  22.;  (52)  Ibid.  7.;  (53)  Ibid.  14. 


t  A  female  child  born  of  a  priest  and  a  woman  forbidden  to  him  IB  a  Helalah, 
or  profane. 


102  GUIDE    OF    JUDAISM 

CHAPTER   VI 


THE  LAWS  CONCERNING  THE  PRONOUNCEMENT  OF  VOWS, 

OATHS,   ABSTINENCE,   ESTIMATE  VALUES  AND   OF 

THINGS  WHICH  BECOME  HOLY  BY  WORD  OF 

MOUTH  ARE  BASED  UPON  TWELVE  MAN- 

DATORY  AND  FOURTEEN  PROHIB- 

ITIVE COMMANDMENTS 

(l)     "What  is  gone  out  of  thy  lips  shalt  thou  keep  and  perform." 
(Deut.  xxiii.  24.) 

Back  of  the  whole  structure  of  civilization  is  man's  word.  To  prevent 
organized  society  from  crumbling,  it  is  of  the  utmost  importance  that  the 
words  of  its  individual  members  should  be  true  words.  As  a  matter  of 
precaution,  the  Torah  ordered  every  one  to  live  up  to  his  word,  even  if  it 
be  to  his  own  pain  or  detriment.  This  law,  in  addition  to  its  general  char- 
acter, specifically  refers  to  vows.  There  are  two  kinds  of  vows:  (a) 
Nidro  Issur,  or  vows  which  render  the  things  which  are  the  subject  of  the 
vows  forbidden  to  the  person  who  takes  the  vow;  (b)  Nidro  he-Kdosh,  or 
vows  which  render  the  things  which  are  the  subject  of  the  vows  holy.  The 
different  rules  relating  to  Nidro  Issur  are  :  (a)  the  meaning  of  the  words 
spoken  are  interpreted  according  to  the  pronunciation  in  vogue  in  the  dis- 
trict where  the  vow  was  taken;  (b)  it  is  essential  that  the  thing  which  is 
the  subject  of  the  vow  shall  not  be  designated  as,  or  likened  to,  anything 
which  is  forbidden  in  itself;  (c)  the  vow  may  be  pronounced  by  another 
person,  if  only  the  one  who  hears  it  says,  Amen  ;  (d)  if  the  vow  be  condi- 
tional, the  conditions  must  be  remembered  at  least  at  the  time  the  vow  is 
taken;  (e)  the  thing  which  is  the  subject  of  the  vow  might  be  so  twice 
over  if  the  conditions  are  different;  (f)  the  mere  saying  of  a  bystander, 
"and  I  will  be  like  yourself,"  is  a  binding  vow,  so  will  it  be  upon  any 


GUIDE    OF    JUDAISM  103 

number  of  persons  who  will  continue  to  say  it;  (g)  a  vow  is  binding  even 
though  it  be  concerning  a  thing  which  the  one  who  takes  the  vow  is  obliged 
to  do,  or  eat ;  (h)  the  force  of  the  vow,  unlike  that  of  an  oath,  rests  upon 
the  thing  which  is  the  subject  of  such  vow,  not  upon  the  person  who  takes 
the  vow ;  (i)  a  vow  is  null  if  taken  under  duress,  in  error,  in  the  process 
of  barter,  or  if  it  is  made  dependent  upon  an  exaggerated  or  impossible 
comparison;  (j)  a  minor,  before  puberty,  can  take  no  vow;  (k)  if,  when 
over  eleven  years  and  one  day  and  over  twelve  years  and  one  day  old,  the 
girl  and  the  boy  respectively  will  know  the  nature  of  a  vow,  in  whose  name 
a  vow  is  taken,  and  what  the  result  of  such  vow  would  be,  it  is  binding, 
though  they  did  not  reach  the  age  of  puberty. 

(23)  "Until  the  days  be  completed,  in  which  he  abstaineth  in  honor 
of  the  Lord,  shall  he  be  holy,  letting  grow  untouched  the 
hair  of  his  head.  .  .  .  On  the  day  when  the  days  of  his 
abstinence  are  completed  .  .  .  the  Nazarite  shall  shave." 
(Num.  vi.  5.  and  13-18.) 

The  vows  of  a  Nazir  are  included  in  the  Nidro  Issur.  The  founda- 
tion of  the  laws  of  Nazir  being  on  the  general  principle  of  the  law  that  one 
must  "keep  and  perform  all  that  goes  out  of  one's  lips."  The  restrictions 
upon  a  Nazir  may  be  summed  up  as  follows:  (a)  there  is  no  Naziroth 
possible  for  a  period  of  less  than  thirty  days,  even  though  the  one  who 
takes  such  vow  will  expressly  state  a  lesser  period;  (b)  if  he  be  defiled 
during  the  time  of  his  Naziroth,  he  must  shave  and  bring  a  sacrifice,  and, 
then,  count  the  period  of  Naziroth  anew. 

(4-5-6-7)  "If  a  man  make  a  particular  vow  (to  give)  the  estimated 
value  of  persons  in  honor  of  the  Lord."  (Lev.  xxvii.  2. 
Also  Ibid.  13,  15,  and  16.) 

The  laws  of  Arohin,  or  of  the  estimated  value  of  persons,  unclean 
beasts  (which  can  not  be  brought  as  a  sacrifice),  houses,  and  fields,  are 
classified  as  Nidro  he-Kdosh.  The  subjects  of  the  vow  become  holy  as  a 


104  GUIDE    OF    JUDAISM 

result  thereof.  And,  as  none  of  these  can  be  brought  as  sacrifices,  the  pro- 
cedure is  as  follows:  (a)  persons  include  only  those  over  thirty  days  old; 
(b)  the  estimated  values  are  prescribed  in  Lev.  xxvii.  2-8  ;  (c)  a  poor  man 
may  redeem  such  vow  by  giving  anything,  even  if  it  be  the  last  thing  he 
has ;  (d)  the  same  rules  apply  to  movable  and  immovable  property,  in 
redeeming  it  by  paying  its  estimated  value;  (e)  the  money  thus  obtained 
went  to  the  fund  for  repairs  of  the  Temple;  (f)  in  redeeming  the  things 
made  holy  by  such  form  of  vow,  one  must  add  one-fifth  to  the  estimated 
value ;  (g)  if  the  thing  made  holy  be  fit  for  a  sacrifice,  no  redemption  is 
possible,  save  only  when  one  will  say  that  a  clean  beast  should  be  holy  for 
the  Repairation  Fund,  when  the  beast  will  be  sold  and  the  proceeds  applied 
to  the  Fund. 

(8)  "Every  devoted  thing  is  most  holy  unto  the  Lord."     (Ibid. 

xxvii.  28.) 

This  commandment  is  also  concerning  Nidro  he-Kdosh,  but  it  refers 
to  Horem,  or  things  which,  as  a  result  of  a  vow,  become  devoted,  or  con- 
secrated, and  must  be  turned  over  as  they  are,  without  a  right  of  redemp- 
tion. Unless  one  specifies  what  use  the  things,  or  the  proceeds  thereof, 
should  be  made  of  at  the  time  of  the  vow,  the  things  become  Hormey 
Cohen,  exclusively  devoted,  and  must  be  given  to  the  Cohen,  without  the 
right  of  redemption. 

(9)  "If  any  person  commit  a  trespass,  and  sin  through  ignorance 

against  the  holy  things  of  the  Lord."  (Ibid.  v.  15.) 
This  law  refers  to  one  who,  in  error,  enjoys  of  things  which  are  holy. 
If  the  things  be  of  either  the  sacrificial  fund  or  of  the  repairation  fund,  he 
must,  in  addition  to  restitution  and  a  fifth  added  thereto,  bring  an  offering. 
But  if  it  be  of  Hormey  Cohen,  only  restitution  and  a  fifth  added  thereto 
is  required.  This  form  of  trespass  is  called  Meilah. 

(10)  "And  if  he  should  change  beast  for  beast,  then  shall  it,  to- 

gether with  its  exchange,  be  holy."     (Ibid,  xxvii.  10.) 
This  law  requires  that  no  change  be  made  in  the  beast  one  makes  holy 
as  a  sacrifice.    The  punishment  for  breaking  one's  word  in  this  way  is  that 
its  exchange  also  is  holy.    This  form  of  stricture  is  called  Tmurah. 


GUIDE    OP    JUDAISM  105 

(n)  "And  by  His  name  shalt  thou  swear."  (Deut.  x.  20.) 
This  law  makes  it  mandatory  that  when  one  has  to  take  an  oath,  he 
must  take  it  in  the  name  of  God.  An  oath  is  binding  in  whatever  lan- 
guage, form,  or  manner  it  be  taken.  An  oath  binds  the  person  either  to 
perform  or  not  to  perform  certain  things.  The  countries  which  have 
adopted  special  forms,  or  language,  or  manner  of  dress  *  in  swearing-in 
Jewish  witnesses,  have  done  so  in  ignorance.  Or,  possibly  some  over- 
zealous  Jewish  fanatic  furnished  the  "information"  that,  for  example,  an 
oath  would  not  be  binding  upon  a  Jewish  witness  unless  he  has  his  hat 
on  when  he  is  being  sworn  in  by  a  magistrate.  Where  such  form  is  still 
in  vogue,  it  appears  not  only  awkward  but  even  degrading  to  have  one 
singled  out  with  a  mark  which  is  not  at  all  essential  or  necessary  in  the 
slightest  degree. 

(12)  "If  a  man  make  a  vow  unto  the  Lord  ...  he  shall  not  pro- 
fane his  word ;  according  to  all  that  proceedeth  out  of  his 
mouth  shall  he  do."  (Num.  xxx.  3.) 

From  this  commandment  it  was  deducted  that  it  is  a  mandatory  duty 
en  the  Jewish  authorities  to  judge  relating  vows  in  general,  and,  where 
the  cause  of  truth  would  not  be  affected,  to  give  absolution  to  such  as 
are  not  able  to  live  up  to  their  vows.  But  the  breaking  of  a  word  in  any 
case  must  be  public,  to  serve  as  a  preventive  against  looseness  of  the 
tongue.  Absolution  are  given  either  by  recognized  authority,  such  as 
a  Rabbi,  or  by  three  ordinary  members  of  any  community.  The  vows  of 
a  spinster  might  be  either  annulled  or  dispensated  by  the  father ;  and  that 
of  a  married  woman  by  the  husband.  But  the  latter  has  only  the  author- 
ity concerning  such  vows  which  would  affect  the  happiness  of  their  living 
together,  or  which  would  be  painful  to  his  wife,  or  which  would  diminish 
her  beauty,  or  cheerfulness.  It  is  very  improper  to  take  any  of  the  Nidro 
Issur,  and  even  of  the  Xidro  he-Kdosh.  There  were  two  safes  in  the 
Temple.  One  was  known  as  the  Silent  safe,  where  people  would  drop 

*  In   the  Province   of   Quebec,    for   example,   a   Jewish   witness,   while   being   put 
under  oath,   is  required  to  have  his  head  covered. 


106  GUIDE    OF    JUDAISM 

alms,  which  went  to  the  support  of  distinguished  families  which  had  been 
reduced  to  poverty.  The  other  was  known  as  Repairation  safe,  where 
people  would  drop  everything  useful  which  was  utilized  for  the  purpose 
of  repairing  the  Temple  and  keep  it  in  good  condition.  Such  methods  of 
contribution  were  much  more  commendable.  Their  origin  no  doubt  was 
a  preventive  against  taking  different  vows  and  turning  the  proceeds  into 
similar  funds. 

The  prohibitive  laws  on  the  subjects  covered  in  this  chapter  are: 

(13)  not  to  swear  falsely,  including  all  manner  of  perjury  ;  (Lev.  xix.  12) 

(14)  not  to  take  an  oath  in  vain,  including  all  sorts  of  swearing  unneces- 
sarily;  (Exod.  xx.  7.)    (15)   not  to  deny  a  debt,  including  any  denial 
whereby  another  is  deprived  of  property,  or  of  his  right  thereto;  (Lev. 
xix.  n.)   (16)  not  to  lie,  including  perjury  in  money  matters,  as  where 
one  denies  a  debt  and  swears  to  it;  (Ibid.)    (17)  not  to  profane  one's 
word,  in  reference  to  all  vows ;  (Num.  xxx.  3.)  (18)  not  to  shave  during 
the  period  of  the  vow  of  Naziroth ;  (Ibid.  vi.  5.)   (19)  not  to  enter    a 
house  or  tent  where  there  are  the  remains  of  a  deceased  person  during 
the  period  of  Noziroth ;  (Ibid.)  (20)  and  not  to  touch  such  remains,  or 
any  other  unclean  thing  which  might  defile  him;  (Ibid.)  (21)  not  to  sell 
any  of  the  things  which  become,  as  a  result  of  a  vow,  Hormey  Cohen ; 
(Lev.  xxvii.  28.)   (22)  and  not  to  redeem  it;  (Ibid.)   (23)  not  to  work 
with  the  first-born  among  the  herds,  all  which  are  holy  by  nature  of  birth ; 
(Deut.  xv.  19.)   (24)  and  not  to  shear  the  first-born  among  the  sheep ; 
(Ibid.)  (25)  not  to  exchange  any  beast  which  was  designated  as  a  sacri- 
fice; (Lev.  xxvii.  10.)   (26)  not  to  exchange  holy  things  from  one  pur- 
pose to  another. 

All  these  laws  refer  to  the  personal  honor  of  every  man,  and  to  the 
extent  one  must  go  in  defence  of  his  honesty.  The  different  fines  and 
punishments  are  not  now  in  practice.  But  the  principles  are  here,  as  full 
of  the  philosophy  of  life  as  if  it  was  promulgated  at  a  congress  of  all 
mankind  called  for  the  purpose  of  safeguarding  society  against  the  evils 
which  might  ensue  from  the  edge  of  the  tongue. 


BOOK   IV 

T31   1SD 

,  junta  —  miaip  -  rrnnp 

CHAPTER   I 

rnonn 


THE  LAWS  OF  HEAVE-OFFERINGS,  TITHES,  AND  RIGHTS  OF 

PROPERTY  OF  THE  PRIESTS,  LEVITES  AND  THE 

POOR  ARE  BASED  UPON  TWENTY-THREE 

MANDATORY  AND  THIRTEEN  PRO- 

HIBITIVE COMMANDMENTS 

INTRODUCTION:  Entering  upon  the  subjects  of  offerings,  sacrifices 
and  priesthood,  I  venture  to  suggest  that  the  entire  system  is  composite, 
uniting  the  element  of  rite,  as  outlined  and  interpreted  by  Maimonides, 
with  the  elements  of  social  and  political  economy. 

We  behold  the  entrance  of  a  progressive  and  liberty-loving  people 
upon  a  career  backed  by  a  newly-acquired  civilization.  A  land  "flowing 
with  milk  and  honey"  becomes  the  home  of  that  people.  Its  economic 
foundation  rests  mainly  upon  the  production  of  the  soil.  The  country  is 
divided  into  tribal  districts,  and  subdivided  into  homesteads.  The  owner- 
ship of  each  homestead  is  protected  by  laws  of  prescription,  which  make  the 
conveyance  of  land  perpetually  practically  impossible.  A  strictly  civic 
organization  is  ordered,  leaving  the  entire  physical  strength  of  the  land 
at  the  disposal  of  the  judiciary  to  enforce  the  laws.  One  tribe,  however, 
is  left  out  of  the  economic  organization,  and  is  drafted  for  the  service  of 
the  spiritual  and  hygienic  needs  of  the  population.  That  tribe  receives  no 
share  in  the  land.  But  there  must  be  compensation,  both  for  the  share 
of  the  land  transferred  to  the  rest  of  the  tribes,  and  for  services  rendered. 

107 


108  GUIDE    OF    JUDAISM 

Accordingly,  rights  of  property  in  the  crops  were  reserved  as  compensa- 
tion for  the  share  of  the  land,  and  special  rights  of  property  in  various 
parts  and  portions  of  the  different  sacrifices  as  remuneration  for  services 
rendered.  The  system  was  both  practical  and  expedient  in  a  State  aiming 
to  distribute  the  greatest  amount  of  good  to  the  greatest  number.  A 
State  religion  is  impossible  in  a  modern  heterogeneous  nation.  Neither 
would  land  taxation,  as  a  sole  source  of  revenue,  be  just  under  the  present 
system  of  "grab-and-keep"  every  possible  source  of  wealth.  But  the 
Jews  were  ordered  to  be  a  distinct  people,  a  model  for  all  nations.  Their 
laws,  therefore,  had  to  be  in  accord  with  their  aims. 

The  inevitable  poor,  too,  had  to  be  looked  after,  and,  as  a  means  of 
protection  against  the  miser,  some  rights  of  property  was  given  to  them, 
so  that  there  should  be  equality  before  the  law. 

With  this  introduction,  brief  as  it  is,  the  student  will  find  the  laws 
enumerated  in  this  and  in  the  succeeding  chapters  of  this  book  compre- 
hensible. 

(1-2-3-4-5)  "For  the  poor  and  the  stranger  shalt  thou  leave  them." 
(Lev.  xix.  10.)  "For  the  stranger,  the  fatherless, 
and  for  the  widow  shall  it  be."  (Deut.  xxiv.  19.) 

These  laws  command  the  owner  of  land  to  leave  for  the  poor  during 
the  harvest:  (a)  The  "corners"  of  fields,  or  vines,  or  fruit-trees,  without, 
however,  any  limit  as  to  the  size  of  the  corner,  Peeah;  (b)  The  "glean- 
ings" of  fields,  the  limit  being  two  grains,  every  time  they  fall  in  mowing, 
Leket;  (c)  The  gleanings  of  the  vine,  consisting  of  clusters  which  have 
but  scattered  grapes,  as  they  fall  down,  Ololot;  (d)  The  grapes  that  drop 
down  singly,  Peret;  (e)  Forgotten  sheaf,  or  cluster,  Shikhah.  The  poor, 
accordingly,  acquire  four  rights  of  property  in  the  vineyard,  that  of  a,  c, 
d  and  e ;  three  rights  of  property  in  the  grain  fields,  that  of  a,  b  and  e ; 
and  two  rights  of  property  in  the  orchard,  that  of  a  and  e.  Thus  far  the 
share  of  the  poor  during  harvest  time. 

(6)  "The  first-fruit  of  thy  corn,  of  thy  wine,  and  of  thy  oil  ... 
shalt  thou  give  him  (the  priest)."  (Ibid,  xviii.  4.) 

After  the  gathering-in  of  the  harvest  through  the  gate,  when  the 
crop  is  ready,  the  great  heave-offering,  Trumah  Gdolah,  takes  place. 


GUIDE    OF   JUDAISM  109 

This  is  done  by  adjustment.    About  one-fiftieth  of  the  whole  crop  being 
the  proper  limit.    That  must  be  given  to  the  priest. 

(7)  "But  the  tithes  of  the  children  of  Israel,  which  they  offer  as  a 

heave-offering  unto  the  Lord,  have  I  given  to  the  Levites 
for  an  inheritance ;  therefore  have  I  said  unto  them,  Among 
the  Children  of  Israel  shall  they  obtain  no  inheritance." 
(Num.  xviii.  24.) 

After  the  great  heave-offering  is  given  to  the  Cohen,  an  exact 
tithe  is  either  measured,  weighed,  or  counted,  and  given  to  the  Levite, 
as  his  right  of  property  in  the  crop  which  grew  upon  the  undivided  part 
which  should  have  been  his,  had  he  not  been  ordered  to  consecrate  his 
life  to  the  service  of  the  nation.  This  is  called  Maasor  Rishon. 

(8)  "Then  shall  ye  separate  therefrom  a  heave-offering  of  the 

Lord,  the  tenth  part  of  the  tithe."     (Ibid,  xviii.  26.) 
This  commandment  is  an  order  to  the  Levites  to  give  tithes  of  their 
share  of  the  crop  to  the  priests,  or  Maasor-min-ha-Maasor. 

(<\)  "Thou  shalt  truly  tithe  all  the  produce  of  thy  seed,  which  the 
field  bringeth  forth  year  by  year."  (Deut.  xiv.  22.) 

This  tithe  of  the  crop,  which  must  be  separated  either  by  measure, 
weight,  or  count,  every  first,  second,  fourth  and  fifth  of  the  Sabbatical 
years  belongs  to  the  owners  of  the  land ;  but  it,  or  the  proceeds  thereof, 
must  be  consumed  in  Jerusalem.  This  law  was  instrumental  in  stimu- 
lating commerce  in  the  large  center  of  the  country.  Besides,  it  kept  every 
family  in  touch  with  the  life  of  the  nation.  This  is  called  Maasor  Sheeni. 

(10)  "At  the  end  of  three  years  shalt  thou  bring  forth  all  the 
tithes  of  thy  produce  in  the  same  year  .  .  .  and  they  shall 
eat  and  be  satisfied."  (Ibid.  xiv.  28-29.) 

This  commandment  ordains  that  on  the  third  and  sixth  of  the  Sab- 
batical years,  every  land  owner  must  give  the  Maason  Sheeni,  which 
usually  belong  to  him,  to  the  poor.  It  is  another  right  of  property  that 
the  poor  enjoy.  But  the  owner  may  keep  in  his  premises  the  tithes  of 
the  poor  and  feed  them  therewith  as  they  come  along.  This  is  called 
Maasor  Ani. 


110  GUIDE    OF    JUDAISM 

(u)  "But  in  the  fourth  year  shall  all  its  fruit  be  holy  for  praise- 
giving  unto  the  Lord."  (Lev.  xix.  24.) 

This  law  refers  to  the  fruit  of  the  fourth  year  after  a  tree  was 
planted.  It  is  called  Nata  Rebeeh.  The  fruit  belongs  to  the  owner, 
but  it,  or  the  proceeds  thereof,  must  be  eaten  in  Jerusalem. 

(12)  "When  thou  hast  made  an  end  of  giving  away  all  the  tithe 

of  thy  produce  .  .  .  Then  shalt  thou  say  before  the  Lord 
thy  God,  I  have  removed  away  the  hallowed  things,  etc." 
(Deut.  xxvi.  12-15.) 

This  commandment  is  concerning  the  "Confession  of  Tithe,"  Viduc- 
Maasor.  On  the  last  day  of  Passover,  during  the  fourth  and  sixth  of  the 
Sabbatical  years,  when  Maasor  Ani  takes  the  place  of  Maasor  Sheeni. 
after  all  heave-offerings  and  tithes  are  separated,  the  Jewish  farmer  must 
appear  in  the  Temple  and  deliver  this  confession,  which  concluded  with 
this  prayer :  "Look  down  from  the  habitation  of  Thy  holiness,  from  the 
heavens,  and  bless  Thy  people  Israel,  and  the  soil  which  Thou  hast  given 
unto  us,  as  Thou  hast  sworen  unto  our  fathers,  a  land  flowing  with  milk 
and  honey."  (Ibid.) 

(13)  "The  first  of  the  first-fruits  of  thy  land  shalt  thou  bring  unto 

the  house  of  the  Lord  thy  God."  (Exod.  xxiii.  19.) 
The  first-fruits  were  brought  to  the  Temple  on  the  Feast  of  Weeks, 
which  is  also  known  as  Hag  ha-Bikurim.  There  are  seven  kinds  of 
first-fruits  to  offer:  wheat,  barley,  grapes,  figs,  pomegranates,  olives  and 
dates.  Wine  and  olive-oil  may  replace  the  raw  fruit.  This  also  forms 
part  of  the  priest's  income. 

( 14)  "And  thou  shalt  commence  and  say  before  the  Lord  thy  God," 

etc.     (Deut.  xxvi.  5-12.) 

Along  with  the  first-fruits  the  custom  is  to  bring  doves  and  pigeons 
in  the  hands  and  hanging  about  the  baskets.  Those  hanging  about  the 
baskets  are  brought  as  an  offering,  and  those  carried  in  the  hands  as  a 
present  to  the  priests.  When  the  farmer  comes  in  with  the  first-fruits  in 
the  Courtyard  the  Levites  meet  him  with  song,  saying:  "I  will  extol 
Thee,  O  Lord;  for  Thou  hast  lifted  me  up."  (Psalm  xxx.).  After 
delivering  the  first-fruits,  the  farmers  recite  in  Hebrew  the  passages  ex- 


GUIDE    OF    JUDAISM  HI 

toling  the  wonders  of  God  in  delivering  Israel  from  Egyptian  bondage, 
and  giving  thanks  for  the  land  He  gave  unto  Israel.     (Ibid.).     This 
called  Mikro  Bikurim. 

(15)  "As  the  first  of  your  doughs  shall  ye  set  aside  a  cake  for  a 
heave-offering."  (Num.  xv.  20.) 

This  commandment  refers  to  another  source  of  income  of  the  priests. 
It  consists  of  about  one  twenty- fourth  in  the  dough  of  a  family,  and 
about  one  forty-eighth  in  the  dough  of  a  public  baker.  This  is  one  of  the 
commandments  which  are  preserved  till  this  day  by  the  women  in  Israel. 
About  one  forty-eighth  of  the  dough  is  separated  and  burned.  It  is  called 
Trumath  Halah,  and  is  one  of  the  three  principal  commandments  for 
women  to  observe.  It  is  a  most  commendable  law.  It  reminds  the  Jewish 
women  of  a  glorious  past,  when  bread  was  made  of  "home-grown"  grain, 
when  there  were  the  vine  and  fig  trees,  the  milk  and  honey,  the  inde- 
pendent life  under  the  protection  of  a  race  of  heroes.  It  is  a  self-imposed 
spiritual  taxation  which  fills  the  heart  with  hope  and  prayer  for  the  res- 
toration of  the  ancient  home  to  the  homeless  people. 

(16-17)  "And  this  shall  be  the  priests'  due  from  the  people,  then 
shall  each  one  give  unto  the  priest  the  shoulder,  and  the  two 
cheeks,  and  the  maw  .  .  .  the  first  shearing  of  thy  sheep 
shalt  thou  give  him."  (Deut.  xviii.  3-4.) 

These  are  additional  rights  of  property  of  the  priests,  as  their  share 
in  the  stock  that  is  raised  on  the  land  in  which  they  were  given  no  share. 
These  portions  are  given  to  them  only  when  a  clean  beast  is  slaughtered. 
And  the  wool  of  the  sheep  was  restricted  only  to  the  first  shearing  of  the 
young 

(18)  "Nevertheless  thou  shalt  redeem  the  first-born  of  man." 
(Num.  xviii.  15.) 

Every  first-born  male  child,  when  fully  thirty  days  old  must  be  re- 
deemed and  the  redemption-money  given  to  the  priest.  The  first-born 
of  the  mother  only  is  within  the  meaning  of  this  law.  The  first-born  of  a 
Cohen,  or  Levite,  or  if  the  mother  is  the  daughter  of  either  a  Cohen  or 
a  Levite,  needs  not  be  redeemed.  This  law  is  in  force  in  diaspora,  and 


112  GUIDE    OF    JUDAISM 

the  Redemption  of  a  first-born  son  is  one  of  the  occasions  of  joy  in  the 
Jewish  home.    Pidyon  ha-Pen  is  second  only  to  that  of  a  Brith. 

(19-20)     "And  every  firstling  of  an  ass  shalt  thou  redeem  with  a 

lamb ;  and  if  thou  wilt  not  redeem  it,  then  shalt  thou  break 

its  neck."     (Exod.  xiii.  13.) 

The  redemption-lamb  must  be  given  to  the  priest.  It  is  his  right  of 
property  in  the  working  stock  which  is  being  raised  on  the  land.  Re- 
demption or  breaking  of  the  neck  of  a  firstling  is  mandatory  only  when 
it  is  a  male.  Failing  to  redeem  such  firstling  it  is  mandatory  to  break 
its  neck. 

(21)  "Sanctify  unto  me  all  first-born    .    .    .    and  of  beast;  it  is 

mine."     (Ibid.  xiii.  2.) 

This  refers  to  firstlings  of  the  clean  group  of  beasts,  such  as  the  ox, 
sheep  or  goat,  but  not  of  wild  animals.  The  male  firstling  of  either  of 
this  group  must  be  kept  fifty  days,  if  an  ox,  and  thirty  days,  if  a  sheep, 
or  goat,  and  then  given  to  the  priest,  who  offers  its  blood  and  fat  upon 
the  altar,  and  eats  its  meat,  and  enjoys  the  proceeds  of  its  hide.  If  any 
blemish  is  discovered  the  priest  takes  it  as  it  is  and  eats  it,  or  gives  it  to 
eat  to  any  one,  as  it  is  his  property.  But  in  no  case  shall  any  work  be 
done  with  it,  if  an  ox,  or  any  wool  be  taken  from  it,  if  a  sheep. 

(22)  "And  concerning  the  tithe  of  the  herds,  or  of  the  flocks,  what- 

soever passeth  under  the  rod,  the  tenth  shall  be  holy  unto 

the  Lord."    (Lev.  xxvii.  32.) 

The  priest  has  no  share  in  this  tithe.  The  procedure  is  like  this : 
either  on  the  last  day  of  the  month  Adar,  or  on  the  thirty-fifth  day  after 
the  Omer  is  offered,  or  on  the  last  day  of  the  month  Elul,  the  flock,  or 
herd,  was  gathered  in  a  stable,  and  arranged  to  have  every  one  pass 
through  a  narrow  doorway,  each  one  being  counted,  and  the  tenth  one 
is  branded  as  holy.  This  is  done  with  the  yearlings  of  the  herds  and 
flocks.  The  branded  ones  are  brought  to  the  Courtyard,  where  they  are 
slaughtered,  and  their  blood  and  fat  is  offered  upon  the  Altar,  and  the 
meat  given  to  the  owners,  who  are  obliged  to  eat  them  in  Jerusalem. 

(23)  "For  the  needy  will  not  cease  out  of  the  land ;  therefore  do 

I  command  thee,  saying,  Thou  shalt  open  wide  thy  hand 


GUIDE    OF    JUDAISM  113 

unto  thy  brother,  to  thy  poor,  and  to  thy  needy,  in  thy 
land."    (Deut.  xv.  n.) 

This  commandment  speaks  for  itself.  Scientific  charity  will  never 
abolish  poverty.  There  will  always  be  poor.  It  is  one  of  the  social  prob- 
lems which  will  never  be  solved  by  hard-heartedness.  As  was  pointed 
out,  during  the  national  era  of  Israel  the  poor  had  a  right  of  property  in 
the  products  of  the  land.  There  is  no  commandment  in  the  Torah  which 
should  be  more  carefully  observed  than  this  one.  There  are  eight  differ- 
ent methods  of  helping  a  poor  man:  (a)  To  give  him  alms  in  a  half- 
hearted manner;  (b)  to  give  him  cheerfully,  but  less  than  what  he  needs ; 
(c)  to  give  him  only  after  begging  alms;  (d)  to  give  him  before  he 
asked;  (e)  to  give  him  in  a  way  that  he  may  know  who  his  benefactor 
is,  but  the  benefactor  should  not  know  who  received  his  contribution ; 

(f)  to  give  him  in  a  way  that  he  shall  not  know  who  his  benefactor  is; 

(g)  to  give  alms  secretly,  that  no  one  may  know  of  it;  (li)  but  the  great- 
est of  all  charities  is  when  one  helps  another  by  lending  him  a  sufficient 
amount  to  start  himself  up  anew  aud  become  self-supporting,  which  is 
Gmiluth  Hasodim. 

There  is  no  doubt  that  in  distributing  charity,  method  and  system  is 
required.  The  idea  of  federated  charities  is  not  at  all  a  new  one.  In 
every  old  established  Jewry  all  charitable  institutions  were  and  are  under 
one  management,  thereby  saving  a  great  deal  of  trouble  to  the  poor  and 
quite  an  amount  in  the  costs  of  distribution. 

The  prohibitive  commandments  on  the  subjects  of  this  chapter  are: 
(i)  Not  to  seed  the  fields  with  mingled  seeds,  and  (2)  not  to  wear 
garments  mingled  of  wool  and  linen  (Lev.  xix.  19.)  ;  (3)  not  to  sow  a 
vineyard  with  divers  seeds  (Deut.  xxii.  9.)  ;  (4-5-6-7)  not  to  wholly  reap 
the  corners ;  not  to  gather  the  gleanings ;  not  to  glean  the  vineyard ;  not 
to  gather  the  single  grapes  (Lev.  xix.  9-10)  ;  (8)  not  to  go  back  to  fetch 
the  forgotten  sheaf  (Deut.  xxiv.  19);  (9)  not  to  harden  the  heart  nor 
shut  the  hand  against  the  needy  (Ibid.  xv.  7.);  (10)  not  to  give  one 
offering  or  tithe  before  another,  nor  give  them  in  disorder  (Exod.  xxii. 
28.)  ;  (n)  not  to  exchange  the  Maasor  Sheeni,  or  its  redemption-money, 


114  GUIDE    OF    JUDAISM 

for  anything  save  eating  and  drinking  (Deut.  xxvi.  14.);  (12)  not  to 
redeem  a  sound  firstling  of  the  clean  group  of  beasts;  (13)  nor  redeem, 
sell  or  exchange  the  tithes  of  the  herd  or  flock  if  they  be  sound  and  fit  for 
sacrifice. 

The  prohibitive  laws  in  reference  to  mingled  and  divers  seeds  form 
the  basis  of  scientific  farming.  The  first  principle  of  good  farming  is 
rotation  of  crops.  The  commandment  to  wear  no  garments  of  wool  and 
Jinen  mixed  is,  no  doubt,  a  precaution  against  the  practice  of  deceit  by 
merchants,  and  is  part  of  the  laws  of  economy  in  Jewish  jurisprudence. 

CHAPTER   II 


THE  LAWS  OF  THE  SABBATICAL  AND  JUBILEE  YEARS  ARE 
BASED  UPON  NINE  MANDATORY  AND  THIRTEEN 
PROHIBITIVE  COMMANDMENTS. 

(i)     "Even  in  the  ploughing  time  and  in  the  harvest  shalt  thou 
rest."     (Exod.  xxxiv.  21.) 

Thirty  days  before  the  Sabbatical  year  is  ushered  in  all  agricultural 
work,  save  irrigation,  and  work  in  connection  with  the  crop  of  the  sixth 
year,  must  be  stopped.  During  the  whole  of  the  seventh  year  all  fields 
must  be  left  fallow.  Ploughing  of  treeless  fields  must  cease  on  the  eve 
of  Pesah,  and  of  tree-shaded  fields  on  the  eve  of  Shebuot  of  the  sixth 
year.  The  sixth  year's  crop,  if  it  ripens  and  is  ready  for  heave-offerings 
before  the  dawn  of  Shemita,  may  be  eaten  and  used  as  an  article  of 
commerce.  If  it  be  not  ripe,  or  not  ready  for  heave-offerings  on  the 
last  day  of  the  sixth  year,  it  conies  under  the  laws  affecting  products 
grown  during  the  Shemita  year.  Originally  all  such  products  were  per- 
mitted to  eat  during  the  Shemita  year,  but  as  a  precaution  against  abuse, 
it  was  enacted  that  only  fruit  or  vegetables  which  require  no  seeding 
should  be  eaten.  However,  all  products  are  released  of  the  rigor  of  the 
Sabbatical  laws  on  the  twenty-fifth  day  of  Kislev  (Hanukoh)  immedi- 
ately succeeding  a  Shemita  year. 


GUIDE    OP    JUDAISM  115 

(2)  "But  the  seventh  year  shalt  thou  let  it  rest  and  lie  still;  that 

the  needy  of  thy  people  may  eat  of  it."  (Ibid,  xxiii.  II.) 
The  release  of  all  crops  takes  place  on  the  eve  of  Rosh-ha-Shanah 
of  the  Shemita  year.  All  gates  must  then  be  opened.  The  poor  man's 
rights  are  automatically  established  against  all  fields  in  the  realm.  The, 
animals,  too,  must  be  given  free  access  to  all  pastures.  The  Shemita 
brings  about  a  year's  community  of  interests  in  all  that  the  soil  produces. 
The  owner  has  the  same  right  as  any  other  to  the  products  of  his  land,  but 
no  more.  He  may  efct,  feed  his  cattle,  sell  it  and  purchase  other  articles 
of  food  with  the  proceeds  thereof.  But  he  must  not  utilize  it  as  an  article 
of  commerce,  or  use  the  proceeds  thereof  for  any  other  purpose  than 
food.  Neither  must  he  measure,  weigh,  or  count  it  when  selling  or 
exchanging  it  for  other  foodstuffs.  The  different  kinds  of  products  of 
the  Shemita  year  may  be  eaten  so  long  there  remains  of  the  same  kinds 
on  the  trees  of  the  respective  provinces.  The  uniform  rule  is:  to  eat 
olives  till  the  Hag-ha-Bikurim,;  grapes,  till  Pesah;  and  figs,  till  the  twenty- 
fifth  day  of  Kislev  (Hanukah)  of  the  Shemita  year.  What  is  left  over 
must  be  burned.  This  was  called  Biyur  Shebiit. 

(3)  "Every  creditor  shall  release  the  loan  which  he  hath  lent  to  his 

neighbor,  he  shall  not  exact  it  ...  because  the  release 
year  in  honor  of  the  Lord  hath  been  proclaimed."  (Deut. 
xv.  2.) 

All  manner  of  debts,  save  only  fines,  hypothecs  on  land,  wages,  book- 
debts  of  a  merchant,  and  women's  dower,  were  prescribed  at  the  approach 
of,  and  during,  the  Shemita  year.  No  doubt  the  laws  of  prescription 
were  inaugurated  to  prevent  looseness  of  borrowing.  Among  many  of 
the  ancient  nations  a  debtor  was  the  actual  property  of  the  creditor.* 
But  in  order  to  give  the  country  a  solid  credit  system  remedial  legisla- 
tion became  imperative.  Accordingly,  laws  were  enacted  by  the  Rabbis 
to  safeguard  the  interests  of  legitimate  creditors.  A  judgment  of,  or 
an  action  pending  in,  the  court  prevented  prescription.  But  the  greatest 
and  best  known  remedy  is  the  Takonat  Hillel,  or  Prusbul.  With  the 
well  defined  principle  that  no  debt  secured  by  land  is  prescribed  at,  or 


*  The  law  of  Nexum  in  Rome  gave  several  creditors  the  right  to  cut  the  debtor 
and  divide  the  parts  among  themselves.  Lex  sectio.  See  Shom's  Institutes.  Oxford 
1907.  third  edition,  p.  51. 


116  GUIDE    OF    JUDAISM 

during,  the  Shemita  year,  Hillel  overcame  the  rigor  of  the  law  of  pre- 
scription by  ordering  all  creditors  to  secure  their  debts  by  land,  even  if 
they  had  to  deed  a  piece  of  land  to  the  debtor  for  the  purpose  of  making 
the  loan  depended  upon  it.  And,  as  a  further  precaution  the  creditor 
appears  before  the  judges  of  the  place  and  presents  the  following-worded 
instrument :  "Notice  is  hereby  given  to  the  Judges  of  this  Court  that  I 
reserve  the  right  to  collect  any  and  all  amounts  due  to  me  whenever  I 
will  deem  it  advisable";  and  the  instrument  was  signed  either  by  the 
Judges  or  by  two  witnesses.  All  laws  of  prescription  now  in  vogue 
among  civilized  nations  are  founded  upon  the  principles  of  this  law  of  the 
Torah.t 

The  underlying  principle  of  the  Sabbatical  year  is  best  expressed 
in  the  Torah,  "A  year  of  rest  shall  it  be  unto  the  land."    The  people  of 
Israel  had  to  look  far  into  the  future.    They  had  settled  upon  a  limited 
territory.    Wars  of  conquest  were  not  tolerated  or  thought  of.    The  only 
means  of  continuing  peacefully  in  their  own  land,  and  secure  the  safety 
of  future  generations,  were  conservation  and  production.    Rotation  and 
occasional  fallow  will  conserve  the  soil.     It  is  a  well  known  fact  that 
many  rural  districts  have  been  abandoned  because  the  surface  of  the  soil 
was  ruined  by  overwork. J     To  have  all  land  under  grass  once  in  seven 
years,  and,  at  the  same  time,  permit  animals  to  roam  freely  over  the  fields, 
will  fatten  the  soil,  and  the  yields  of  the  six  years,  if  the  rules  of  rotation 
will  be  followed,  will  more  than  compensate  for  the  loss  of  one  year's 
crop.    The  surface  of  the  best  ground  is  not  more  than  from  eight  to  ten 
inches  thick,  and  if  no  proper  care  is  taken  it  will  deteriorate  year  by 
year  until  its  productiveness  will  be  reduced  to  a  minimum.     Fruit  trees, 
too,  must  be  left  in  their  natural  state  for  a  time.    Aiding  nature  is  help- 
ful only  in  a  way,  but  to  rely  upon  artificial  means  for  the  continual  pro- 
duction of  crops  is  an  irreparable  error. 

The  first  Sabbatical  year  in  Jewish  history  was  proclaimed  fourteen 
years  after  the  people  of  Israel  landed  in  Palestine.  It  had  taken  seven 
years  to  conquer  the  savage  tribes  and  establish  order,  and  seven  more 
years  to  have  the  land  surveyed,  bounded,  divided  among  the  tribes,  and 

tThe  Roman  law  of  usucaplo  Is  of  a  later  date  than  the  Institution  of  Shemita. 
$  Many  farms  In  the  New  England  States  are  deserted. 


GUIDE    OP    JUDAISM  117 

subdivided  in  homesteads.  Accordingly,  the  eve  of  Rosh-ha-Shanah  of 
the  year  2503,  witnessed  the  dawn  of  a  Shemita  in  Canaan,  when  all  the 
laws  of  the  Torah  became  operative.  It  is  now  (5677)  three  thousand 
one  hundred  and  seventy-four  years  since  the  inauguration  of  the  era  of 
Israel's  nationalism. 

(4-5-6)  "And  thou  shalt  number  unto  thee  seven  sabbaths  of 
years,  seven  years  seven  times  .  .  .  And  then  shalt  thou 
cause  the  sound  of  the  Shopher  to  be  heard,  in  the  seventh 
month,  on  the  tenth  day  of  the  month  .  .  .  And  ye  shall 
hallow  the  fiftieth  year,  and  proclaim  freedom  throughout 
the  land  unto  all  the  inhabitants  thereof;  it  shall  be  a  jubilee 
unto  you."  (Lev.  xxv.  8-10.) 

The  Sanhedrin  are  charged  to  tell  the  number  of  every  year  on  the 
night  of  Rosh-ha-Shanah,  and  pronounce  a  benediction  thereon.  The 
forty-ninth  year  is  the  seventh  Shemita,  when  all  the  laws  affecting  a 
Sabbatical  year  went  into  force.  On  the  eve  of  Rosh-ha-Shanah  of  the 
fiftieth  year,  the  Sanhedrin  tell  the  year  by  pronouncing  the  Jubilee  bene- 
diction and  then  all  laws  affecting  a  Jubilee  year  become  operative.  There 
must  be  no  agricultural  work  done  during  the  whole  of  the  Jubilee  year. 
Thus  once  in  fifty  years  the  land  is  left  fallow  two  consecutive  years. 
The  fiftieth  year  is  not  counted  in  among  the  Sabbatical  years.  The  first 
year  of  the  incoming  Shemita  begins  only  with  the  fifty-first  year.  The 
Jubilee  year's  fruit  and  crops  are  disposed  of  in  the  same  manner  as 
during  Sabbatical  years.  The  main  features  of  the  Jubilee  year  are :  the 
liberation  of  slaves,  the  prescription  of  property  obligations  and  convey- 
ances, and  the  admission  of  resident-foreigners  into  citizenship.  But 
these  did  not  take  place  till  Yom-ha-Kipurim,  when  the  sound  of  the 
Shopher  proclaimed  liberty — liberty  for  the  slaves,  liberty  for  the  former 
owner  to  take  possession  of  his  land,  liberty  for  the  alien  to  join  the  body 
politic  of  his  adopted  country.  The  Jubilee  year  does  not  prescribe  debts 
which  do  not  affect  corporeal  or  incorporeal  rights  of  property  in  im- 
movables. 


118  GUIDE    OP    JUDAISM 

(7;  "And  in  all  the  land  of  your  possession  ye  shall  grant  a  re- 
demption for  the  land."  (Ibid.  xxv.  24.) 

No  land  which  had  been  divided  among  the  tribes  of  Israel  can  be 
sold  forever.  Unless  the  sale  is  made  for  a  definite  number  of  years,  the 
Jubilee  years  prescribe  such  sale,  and  the  land  reverts  back  to  its  original 
owner  or  his  heirs.  All  such  land  is  subject  to  redemption  even  before 
the  Jubilee  year  prescribes  it,  but  the  owners  must  pay  a  proportional 
amount  to  the  purchaser.  The  Jubilee  year  prescribes  all  manner  of 
alienation  of  property  rights. 

(8)  "And  if  a  man  sell  a  dwelling  house  in  a  walled  city ;  then  shall 

the  time  of  redemption  last  till  the  end  of  the  year  of  his 

sale."     (Ibid.  xxv.  29.) 

All  cities  which  were  walled-in  during  the  days  of  Joshua,  at  the 
time  of  the  conquest,  come  within  the  meaning  of  this  law.  All  cities 
which  were  subsequently  walled-off  are  considered  ordinary  cities  as  re- 
gards the  laws  of  redemption  and  prescription.  A  house  in  a  walled-off 
city,  within  the  meaning  of  this  law,  could  be  redeemed  only  within 
twelve  months  after  it  was  sold.  The  Jubilee  year  does  not  prescribe 
such  sale,  or  transfer.  Houses  in  other  cities  can  also  be  redeemed  within 
twelve  months  after  the  sale,  but,  in  addition,  if  the  owner  fails  to  redeem 
it,  the  Jubilee  year  will  prescribe  such  sale. 

(9)  "Command  the  children  of  Israel,  that  they  give  unto  the  Le- 

vites  from  the  inheritance  of  their  possession  cities  to  dwell 
in."  (Num.  xxxv.  2.) 

The  Levites  could,  under  the  terms  of  this  law,  redeem  their  right 
of  property  in  such  cities,  or  in  the  parks  allotted  to  them,  any  time  they 
wished.  The  law  of  redeeming  such  property  is  applicable  to  the  land 
and  not  to  the  person.  Therefore,  a  descendant  of  a  Levite  even  through 
the  female  line,  has  a  right  to  redeem  such  property. 

The  prohibitive  laws  of  the  subject  of  this  chapter  are:  (10-11-12- 
13)  Not  to  seed;  not  to  prune;  not  to  reap;  and  not  to  gather.  The 
latter  laws  mean  reaping  or  gathering  as  in  ordinary  years  during  har- 
vesting. (Lev.  xxv.  4-5.).  (14-15)  Not  to  refrain  from  giving  credit 
or  lending  to  a  neighbor  because  of  the  laws  of  Shemita,  and  not  to  exact 


GUIDE    OF    JUDAISM  119 

the  debt  after  it  was  prescribed  by  such  laws.  (Deut.  xv.  2.).  (16-17- 
18)  Not  to  work  the  land  during  the  Jubilee  year;  not  to  reap  the 
harvest  that  grows  of  its  own  accord  in  the  same  manner  as  ordinary 
crops  ;  not  to  gather  in  the  fruit  of  the  trees  during  Jubilee  years  in  the 
same  manner  as  in  ordinary  years.  (Lev.  xxv.  II.).  (19)  Not  to  sell 
land  of  Palestine  forever.  (Ibid.  xxv.  23.).  (20-21)  That  the  Levites 
shall  have  no  portion  in  ihe  booty  of  the  land  along  with  the  rest  of 
Israel;  nor  any  inheritance  in  the  land  itself.  (Deut.  xviii.  I.).  (22) 
Not  to  change  about  the  locations  of  the  allotted  cities,  or  parks  reserved 
for  the  Levites.  (Lev.  xxv.  34.) 

CHAPTER    III 

ma  ,mnta  ,rna:np  ,nairo 


THE  LAWS  CONCERNING  THE  TEMPLE,  -PRIESTHOOD,  SAC- 

RIFICES, AND  HYGIENE  ARE  BASED  UPON  EIGHTY 

TWO  MANDATORY  AND  FIFTY-FOUR 

PROHIBITIVE  COMMANDMENTS. 

INTRODUCTION  :  The  purpose  of  this  chapter  is  not  exegetical.  The 
subject  being  academic,  touching  as  it  does  only  the  ceremonial  and 
ritualistic  branch  of  Judaism  during  the  Palestinian  era,  the  reason  there- 
of is  obvious.  The  commandments  are  here  grouped  so  that  the  student, 
with  the  aid  of  the  brief  explanations  given  in  every  paragraph,  will  be 
able  to  gain  a  comprehensive  knowledge  of  the  elementary  principles  of 
Abodah,  Korbonoth,  and  Taharoth. 

(1-2-3-4-5-6)     "And  they  shall  make  me  a  sanctuary;  and  I  will 

dwell  in  the  midst  of  them."     (Exod.  xxv.  8.)     "And  my 

sanctuary  shall  ye  reverence."     (Lev.  xix.  30.)     "And  they 

shall  keep  thy  charge,  and  the  charge  of  all  the  tabernacle." 

(Num.  xviii.  3.)     "And  ye  shall  keep  the  charge  of  the 

sanctuary."    (Ibid,  xviii.  5.)    "Thou  shalt  not  build  it  (the 

altar)  of  hewn  stone."     (Exod.  xx.  25.)     "Neither  shalt 

thou  go  up  by  steps  upon  my  altar."     (Ibid.  xx.  26.) 

The  commandment  to  build  a  sanctuary  (Beth-ha-Mikdash}  includes 

all  its  parts  and  vessels.    The  spiritual  center  of  the  people  is  to  be  the 


12Q  GUIDE    OF    JUDAISM 

sanctuary,  or  Temple.  The  Temple  consists  of  four  main  apartments, 
the  court,  the  vestibule,  the  holy,  and  holy  of  holies — Azarah,  Ulom, 
Kodesh,  Kodeshe-Kodoshim.  The  altar  is  built  at  the  Azarah,  in  the 
south  end,  near  the  Ulom.  No  hewn  stones,  or  any  stones  which  had 
been  touched  by  any  iron  instrument,  are  permitted  to  be  used  in  building 
it.  Between  it  and  the  Ulom  is  placed  the  laver  and  its  supports  for  the 
use  of  the  priests,  so  arranged,  southward,  that  it  is  to  the  left  as  one 
entered.  The  golden  altar  upon  which  the  incense  is  burnt,  the  table  upon 
which  the  show-bread  is  placed,  and  the  Menorah  are  placed  in  the 
Kodesh  apartment,  toward  the  Kodeshe-Kodoshim,  so  arranged  that  the 
altar  is  to  the  left  as  one  enters,  the  table  to  the  right,  and  the  Menorah 
in  the  center.  The  exact  place  of  the  altar  in  the  Azarah  is  identified  as 
that  historic  spot  upon  which  Isaac  was  to  have  been  sacrificed.  In  the 
Second  Temple  the  place  was  pointed  out  by  one  of  the  three  prophets 
who  accompanied  the  remnant  of  Israel  which  came  back  from  Babylon. 
The  Ark  of  the  Covenant  rests  upon  a  single  stone,  in  the  Kodeshe- 
Kodoshim.  The  whole  Mount  Moriah  is  surrounded  by  a  stone  wall 
which  has  five  gates,  one  to  the  east,  one  to  the  west,  one  to  the  north  and 
two  to  the  south.  Within  the  Azarah  are  built  different  rooms  or  Lish- 
koth,  for  the  use  of  the  priests.  To  the  east  of  the  Azarah  is  the  women's 
court — Esrath  Nashim.  All  the  laws  pertaining  to  the  erection  of  the 
Temple  will  again  be  in  force  when  the  Jewish  people  will  be  re-estab- 
lished in  Jerusalem. 

(7-8-9-10-11-12-13-14-15-16-17-18-19-20)  "And  thou  shah  make  of 
it  an  oil  of  holy  anointing."  (Exod.  xxx.  25.)  "Upon  the 
flesh  of  man  shall  it  not  be  poured."  (Ibid.  32.)  "And 
its  proportion  shall  ye  not  make  anything  like  it."  (Ibid.) 
"And  as  for  the  incense  which  thou  shalt  make,  according 
to  its  proportion,  shall  ye  not  make  any  unto  yourselves." 
(Ibid.  xxx.  37.)  "Ye  shall  not  offer  thereon  (altar  of  in- 
cense) any  strange  incense,  or  burnt-sacrifices,  or  meat- 
offering; and  a  drink-offering  shall  ye  not  pour  thereon." 
(Ibid.  xxx.  9.)  "Because  the  service  of  the  sanctuary  be- 
longed unto  them,  they  were  to  bear  (the  Ark  of  the  Cove* 


GUIDE    OP    JUDAISM 


121 


nant)  upon  their  shoulders."  (Num.  vii.  9.)  "In  the  rings 
of  the  ark  (of  the  Covenant)  shall  the  staves  remain ;  they 
shall  not  be  removed  therefrom."  (Exod.  xxv.  15.)  "But 
they  of  the  tribe  of  Levi  themselves  shall  perform  the  serv- 
ice of  the  tabernacle  of  the  congregation."  (Num.  xviii. 
23.)  "Only  unto  the  vessels  of  the  sanctuary  and  unto  the 
altar  shall  they  (the  Levites)  not  come  near."  (Ibid, 
xviii.  3)  "And  thou  shalt  sanctify  him  (the  priest)  .  .  . 
holy  shall  he  be  unto  thee."  (Lev.  xxi.  8.)  "Then  can  he 
minister  in  the  name  of  the  Lord  his  God,  like  all  his  breth- 
ren the  Levites  .  .  .  They  shall  have  like  portions  (dur- 
ing holidays)."  (Deut.  xviii.  7-8.)  "And  they  shall  make 
holy  garments  for  Aaron  thy  brother,  and  for  his  sons,  to 
be  a  priest  unto  me."  (Exod.  xxviii.  4.)  "So  shall  it  be 
thereon  that  it  (the  robe  of  the  Ephod)  be  not  rent." 
(Ibid.  32.)  "And  that  the  breastplate  (Hoshen)  be  not 
loosed  from  the  ephod."  (Ibid.  28.) 

These  are  the  commandments  concerning  the  vessels  and  the  persons 
belonging  to  the  service  of  the  Temple.  The  oil  of  anointing  (Shemen 
ha-Mishah)  is  employed  only  to  anoint  High  Priests,  kings  of  the  House 
of  David,  and  the  anointed  priest  during  war  time  (Mosuah  Milhama). 
Of  among  the  Levites  are  selected  the  guards,  the  gate-keepers,  the 
singers  and  the  musicians  of  the  Temple.  Before  a  Levite  is  admitted 
to  his  duties  he  has  to  receive  five  years'  training.  Distinguished  Israel- 
ites are  permitted  to  join  the  choir  of  the  Levites,  which  consists  of  no 
less  than  twelve  members.  After  the  Temple  is  built  no  Levite  is  retired 
at  the  stated  age  of  fifty  years.  The  only  thing  which  disqualifies  a 
Levite  is  the  loss  of  his  voice,  when  he  can  join  the  guards.  The  priests 
have  to  confine  themselves  to  their  duties  solely,  and  serve  under  their 
immediate  chiefs,  which,  from  the  days  of  David,  number  twenty-four, 
each  chief  representing  a  different  Afishmor,  the  latter  continuing  to  re- 
lieve each  other,  every  Sabbath.  On  holidays,  however,  all  priests  have 
an  identical  right  to  participate  in  offering  sacrifices  and  in  receiving  por- 
tions thereof,  the  particular  Mishmor  notwithstanding.  But  this  does 
not  include  offerings  of  vows,  donations,  or  the  usual  daily  offerings, 


122  GUIDE    OF    JUDAISM 

which  have  to  be  under  the  charge  of  the  priests  directly  under  the  chief 
of  the  week's  Mishmor.  Every  Mishmor  is  subdivided  into  families — 
Bothe-Ab,  so  that  each  Beth-Ab  ministers  weekly  one  day.  The  High- 
Priest  is  the  head  of  the  entire  priesthood.  He  is  anointed  seven  days 
in  succession.  He  has  to  change  his  garments  seven  consecutive  days 
before  he  is  formally  inducted  in  his  office.  Only  a  tribunal  of  seventy- 
one  members  (Sanhedrei  Gedalah)  can  elect  a  High-Priest.  There 
is  one  High-Priest,  two  Generals  (Catholiques)  and  seven  Marshals, 
who  have  charge  of  the  keys  of  the  Azarah,  no  single  one  of  whom 
can  open  it,  without  all  of  them  being  present.  Immediately  under  the 
Marshals  are  appointed  three  chamberlains  who  have  charge  of  collec- 
tions and  disbursements  connected  with  the  Temple.  The  anointed  priest 
for  war  purposes,  after  the  end  of  such  war,  is  no  more  than  an  ordinary 
priest;  and  his  office  is  not  hereditary.  The  High-Priest  must  be  a  pure, 
healthy,  wise,  well-built  and  ricF  man.  In  every  respect  he  should  be 
removed  from  any  temptation  whatever.  And,  rarely  will  a  man,  pos- 
sessing all  these  qualifications,  fall  by  temptation.  A  High-Priest  is 
punished  for  any  crime  as  any  ordinary  person,  and  if  such  crime  does 
not  disqualify  him,  he  is  permitted  to  resume  his  duties  as  hitherto. 
His  residence  must  be  in  Jerusalem,  and  he  is  forbidden  to  leave  the 
Holy  City.  Most  of  the  day  he  must  spend  in  the  High-Priest's  office 
(Liskah)  at  the  Temple.  There  are  also  twenty-four  groups  of  repre- 
sentatives of  the  laymen  to  be  present  at  the  service  and  daily  sacrifices. 
Each  group  elects  its  own  head.  They  change  about  in  the  performance 
of  their  duties  in  the  same  manner  as  the  twenty-four  Mishmorim  of  the 
priests  (Maamodoth).  The  laymen  have  also  what  is  known  as  the 
"wood  festival."  Each  lay  family  must  cut  some  wood  and  bring  it  to 
the  Temple  as  an  offering,  and  the  day  a  given  family  brings  such  wood 
is  considered  a  holiday  by  it.  There  are  in  all  fifteen  heads  of  as  many 
departments  in  connection  with  the  administration  of  the  Temple,  ranging 
from  the  time-keeper  to  the  tailor  who  makes  the  priestly  garments. 

(21-22-23-24-25-26-27-28-29-30-31-32-33-34-35)  "Wine  or  strong 
drink  shalt  thou  not  drink."  (Lev.  x.  9.)  "The  hair  of 
your  head  you  shall  not  let  grow,  and  your  garments  ye 
shall  not  rend."  (Ibid.  6.)  "Speak  unto  Aaron  thy  brother 


GUIDE    OP    JUDAISM  123 

that  he  come  not  at  all  times  into  the  holy  place  within  the 
vail."  (Ibid.  xvi.  2.)  "And  from  the  door  of  the  taber- 
nacle of  the  congregation  shall  ye  not  go  out."  (Ibid.  x.  7.) 
"If  there  be  any  man  of  all  your  seed  (priest)  that  ap- 
proacheth  unto  the  holy  things  .  .  .  having  uncleanness 
upon  him,  that  soul  shall  be  cut  off  from  my  presence." 
(Ibid.  xxii.  3.)  "And  whosoever  is  defiled  .  .  .  Both 
male  and  female,  shall  ye  send  out  to  without  the  camp 
.  .  .  that  they  defile  not  their  camps."  (Num.  v.  2-3.*) 
"Then  shall  he  (the  unclean  person)  go  abroad  to  without 
the  camp."  (Deut.  xxiii.  n.)**  "That  they  keep  them- 
selves away  (when  unclean)  from  the  holy  things  of  the 
children  of  Israel,  so  that  they  profane  not  my  holy  name." 
(Lev.  xxii.  2.)  "Holy  shall  they  be  unto  their  God,  and 
they  shall  not  profane  the  name  of  their  God."  (Ibid.  xxi. 
6.J)  "And  Aaron  and  his  sons  shall  wash  out  of  it  (the 
laver)  their  hands  and  their  feet."  (Exod.  xxx.  19.) 
"Only  unto  the  vail,  and  unto  the  altar  shall  he  not  come 
nigh,  because  there  is  a  blemish  on  him."  (Lev.  xxi.  23.) 
"Whosoever  of  thy  seed  in  their  generations  it  be  on  whom 
there  is  any  blemish,  shall  not  approach  to  offer  the  bread  of 
his  God  .  .  For  whatsoever  man  it  be  on  whom  there 

is  a  blemish  shall  not  approach,  a  blind,  or  a  lame  man,  etc." 
(Ibid.  xxi.  18-19.)  "And  a  stranger  shall  not  come  nigh 
unto  you."  (Num.  xviii.  4.) 

The  regulations  to  be  observed  by  the  priests,  who  are  to  be  the 
spiritual  leaders  of  the  people,  touch  every  phase  of  their  lives.  Sobriety 
is  essential.  Uniform  dress  is  obligatory,  because  of  the  distinction  it 
confers  upon  them.  The  High-Priest  has  no  right  to  enter  the  holy  of 
holies  save  only  on  the  Yom-ha-Kipurim.  From  without  the  door  of  the 
people's  court  (Azarath  Israel}  and  onward  is  known  as  the  Camp  of  God 
(Mahney  ha-Shehinah}  ;  from  the  Mount  Moriah  till  the  Azarath  Israel 
(Shaar  Niknor}  is  the  Levite's  Camp  (Mahney  Leviyeh)  ;  and  the  entire 

•  Mahney  ha-Shehinah. 
**  Mahney  Leviyeh. 

t  The  second  warning  is   concerning  a  priest  who  had  immersed  in   water  but 
nijht  had  not  yet  approached. — Tebul-Tom. 


124  GUIDE    OF    JUDAISM 

City  of  Jerusalem  was  the  Camp  of  Israel  (Mahney  Israel).    No  unclean 
persons  can  come  within  the  limits  of  the  Mahney  ha-Shihinah ;  some  un- 
clean persons  must  not  come  within  the  limits  of  the  Mahney  Leviyeh ; 
and  some  must  not  come  within  the  limits  of  even  the  Mahney  Israel.    A 
leper  can  not  be  within  the  limits  of  either  of  the  three  Mahanoth.    A 
catamenial  woman  can  not  enter  the  second  Mahney.    One  who  came  in 
touch  with  a  corpse  is  barred  from  the  Mahney  ha-Shehinah  only,  as  the 
dead  were  permitted  to  be  brought  on  Mount  Moriah.    Moses  took  along 
the  remains  of  Joseph  within  the  Mahney-Leviyeh.    There  are  in  all  an 
hundred  and  forty  different  blemishes,  either  of  which  disqualifies  a  priest 
from  attending  his  duties.    They  are  distributed  among  the  different  parts 
of  the  body  as  follows :  eight  in  the  cranium  cerebral ;  two  in  the  thoracic 
cavity ;  nine  in  the  ears ;  five  in  the  eye-brows ;  seven  in  the  eye-lids ;  nine- 
teen in  the  eyes ;  nine  in  the  nose ;  nine  in  the  mouth ;  three  in  the  abdo- 
men ;  three  in  the  spine ;  seven  in  the  hands ;  sixteen  in  the  genitals ; 
twenty  in  the  legs  and  feet ;  eight  in  the  body ;  eight  in  the  skin ;  seven  in 
the  respiratory  system ;  and  loss  of  the  teeth,  and  loss  of  the  hair  of  the 
eye-lids,  although  the  roots  are  left  intact.    In  all  there  are  eighteen  differ- 
ent disqualifications,  which  render  such  persons  unfit  for  the  service  of 
God  in  the  Temple.    They  are :  a  worshiper  of  any  strange  gods ;  a  non- 
priest  ;  a  blemished  person,  even  a  priest ;  an  uncircumcised  priest  ;*  an 
unclean  priest  ;f  if  the  immersion  in  water  took  place  during  the  day  in 
order  to  come  out  of  such  uncleanness  (Tebul  Yom)  before  nightfall; 
want  of  atonement  (Mehussar  Kipurim),  after  a  priest  sinned ;  before  the 
inhumation  of  the  remains  of  either  of  the  seven  near  relatives  (Onon)  ; 
a  drunken  priest ;  want  of  the  designated  garments ;  additional  garment ; 
torn  garment;  overgrowth  of  hair;J  failure  to  wash  the  hands  and  feet; 
remaining  in  a  sitting  position ;  a  glove  or  any  other  thing  which  sep- 
arates the  bare  hands  from  the  holy  vessels  during  the  service;  shoes, 
stockings,  or  other  thing  which  separates  the  bare  feet  from  the  floor ; 
one  who  performed  the  service  with  left  hand.    All  these,  save  only  over- 
growth of  hair,  torn  garments,  or  one  who  served  strange  gods  in  error, 
if  they  have  officiated,  the  services  are  of  no  effect. 

*  Even  he  be  so  because  of  his  brother's  death  as  a  result  of  the  operation. 

t  Before  immersion  in  water. 

j  Longer  than  thirty  days'  growth. 


GUIDE    OF    JUDAISM  125 

(36-37-38-39-40-41-42-43-44-45-46-47-48-49)  "I*  there  be  any  man 
.  .  .  that  offereth  his  oblation  .  .  .  Then  shall  it  be, 
that  it  may  be  favourably  received  for  you,  a  male  without 
a  blemish  of  the  oxen.  .  .  .  Whatsoever  on  which  there 
is  a  blemish  shall  ye  not  offer.  ...  Ye  shall  not  offer 
these  (blemish  animals)  unto  the  Lord.  ...  A  blind,  etc. 
.  .  .  shall  ye  not  make  of  them  upon  the  altar  unto  the 
Lord."****  (Lev.  xxii.  18-23.)  "Thou  shalt  not  sacrifice 
unto  the  Lord  thy  God  any  .  .  .  whereon  there  is  a  blem- 
ish." f  (Deut.  xxvii.  I.)  "And  from  a  stranger's  hand 
shall  ye  not  offer  the  bread  of  God  from  any  of  these  (blem- 
ished) animals."  (Lev.  xxii.  25.)  "No  kind  of  bodily  de- 
fect shall  be  thereon."  {  (Ibid.  21.)  "The  unclean  and  the 
clean  may  eat  thereof  (of  a  sacrifice  animal  which  became 
physically  defected,  and  which  was  redeemed,  and  with  the 
proceeds  thereof  replaced  a  sound  animal)  as  of  the  roebuck 
and  as  of  the  hart."  (Deut.  xii.  15.)  "And  from  the  eighth 
day  and  thenceforth  shall  it  be  favourably  received  for  an 
offering."  (Lev.  xxii.  27.)  "Thou  shalt  not  bring  the  hire 
of  a  harlot,  or  the  price  of  a  dog,  into  the  house  of  the 
Lord  thy  God  for  any  vow."  (Deut.  xxiii.  19.)  "For  of 
whatever  is  leaven,  or  of  any  honey,  ye  shall  not  sacrifice  an 
offering."  (Lev.  ii.  II.)  "And  every  oblation  of  thy  meat- 
offering shalt  thou  season  with  salt;  and  thou  shalt  not 
suffer  the  salt  of  the  covenant  of  thy  God  to  be  lacking 
from  thy  meat-offering."  (Ibid.  13.) 

(50-51-52-53-54-55-56-57-58-59-60-61-62-63-64-65-66)  "If  his  of- 
fering be  a  burnt-sacrifice  of  the  herds,  then  shall  he  offer, 
etc."  (Levfl  i.  3.)  This  commandment  charges  the  priests 
to  perform  the  rites  due  to  a  burnt-sacrifice.*  "This  is  the 
law  of  the  sin-offering."**  (Ibid.  vi.  18.)  "And  this  is 


§  These  four  warnings  forbid  to  designate,  offer,  sprinkle  the  blood  of,  or  burn 
the  entrails  of  a  blemished  animal. 

**  Even  if  such  blemish  is  curable. 

tt  This  forbids  to  blemish  an  animal  designated  as  a  sacrifice. 
•  Olah. 
**  Hatoth, 


126  GUIDE    OF    JUDAISM 

the  law  of  the  trespass-offering."  ***  (Ibid.  vii.  I.)  "And 
this  is  the  law  of  the  sacrifice  of  peace-offering."  (Ibid.  ii.)t 
"And  when  any  person  wish  to  offer  a  meat-offering  unto 
the  Lord;  then  shall  his  offering  be,  etc."**  (Ibid.  ii.  i.) 
"But  he  shall  not  divide  it  (the  fowl  of  the  sin-offering) 
asunder."  ft  (Ibid.  v.  8.)  "And  they  shall  eat  those 
things  wherewith  the  atonement  was  made."  (Exod.  xxix. 
33.)  This  gives  the  priests  the  right  to  enjoy  parts  of  the 
sacrifices.  "He  shall  not  put  upon  it  (the  meat-offering) 
of  a  sinner  who  is  poor  (Minhah)  any  oil,  nor  shall  he  put 
thereupon  any  frankincense,  for  it  is  a  sin-offering."  (Lev. 
v.  n.)  "It  (the  Minhah)  shall  not  be  baked  leaven." 
(Ibid.  vi.  io.)ff  "And  what  is  left  thereof  shall  Aaron 
and  his  sons  (male  priests  only)  eat."  (Ibid.  9.)  "And 
thither  shalt  thou  come.  And  ye  shall  bring  thither  your 
burnt-offerings,  and  your  sacrifices,  and  your  tithes,  and 
your  heave-offering  of  your  land,  and  your  vows,  and  your 
free-will  offerings."  (Deut.  xii.  5-6.)  This  commandment 
charges  all  Israel  to  bring  the  offerings  of  the  year  at  the 
holiday  immediately  following  such  offering,  or  vow.  "Thou 
shalt  not  delay  to  pay  it."  (Ibid,  xxiii.  22.)  "But  in  the 
place  which  the  Lord  will  choose  in  one  of  thy  tribes,  there 
shalt  thou  offer  thy  burnt-offerings."  (Ibid.  xii.  14.) 
"Nevertheless,  thy  holy  things  which  thou  mayest  have,  and 
thy  vows,  shalt  thou  take,  and  go  unto  the  place  which  the 
Lord  may  choose."  (Ibid.  26.)  This  includes  holy  things 
which  one  may  have  in  foreign  lands.  Any  man  whatso- 
ever of  the  house  of  Israel,  that  killeth  (a  sacrifice  animal) 
an  ox,  or  a  sheep,  or  a  goat,  in  the  camp,  or  that  killeth  it 
out  of  the  camp.  And  bringeth  it  not  to  the  door  of  the 


***  Asham. 
t  Shelamim. 
**  Minhah. 

tt  Sever  the  head  from  the  neck, 
ti  See  Supra.  Forbidden  Food  (46). 


GUIDE    OP    JUDAISM  127 

tabernacle  of  the  Lord,  (Azarah)    .    .    .    and  that  man  shall 
be  cut  off  from  among  his  people."  (Lev.  xvii.  3-4.)    "Take 
heed  to  thyself  that  thou  offer  not  thy  burnt-offerings  in 
every  place  which  thou  mayest  see."     (Deut.  xii.  13.)    This 
forbids  offering  of  any  sacrifice  outside  of  the  Azarah. 
All  sacrifices  from  living  creatures  were  brought  from  among  five 
different  species  only.    They  are :    Ox,  sheep,  goat,  pigeon,  and  turtle- 
dove.    Sacrifices  in  general,  whether  private  or  public,  are  four  kinds: 
Burnt-offering,    Olah;   sin-offering,    Hatoth;   trespass-offering,   Asham, 
and  peace-offering,  Shelomim.     All  public  offerings  are  either  Olah  or 
Hatoth,  save  only  the  two  sheep  which  were  offered  on  Shebout,  which 
were  called  public  peace-offerings — Sibho  Shalmey  Zibur.    But  there  is 
never  a  public  Asham,  or  an  offering  of  a  fowl. 

(67-68-69-70-71-72-73-74-75-76-77-78-79-80-81-82-83-84-85)    "Sheep 
of  the  first  year  without  blemish,  two  on  every  day,  as  a 
continual  burnt-offering.     The  one  sheep  shalt  thou  pre- 
pare in  the  morning,  and  the  other  sheep  shalt  thou  prepare 
toward  evening."     Num.  xxviii.  3-4.)*     "A  perpetual  fire 
shall  be  burning  upon  the  altar ;  it  shall  not  go  out."  ** 
(Levfl  vi.  6.)     "And  he  (the  priest)  shall  lift  up  the  ashes 
which  the  fire  hath  made  by  consuming  the  burnt-offering 
on  the  altar,  and  he  shall    place    them    beside  the    altar." 
(Ibid.  3.)     "And  Aaron    shall    burn    thereon  incense    of 
spices  every  morning ;  and  when  he  dresseth  the  lamps  shall 
he  burn  it."     (Exod.  xxx.  7.)     "That  they  bring  thee  pure 
olive  oil    ...    to  cause  a  light  (in  the  Menorah)  to  burn 
always."     (Ibid,  xxvii.  20.)     "This  is  the  offering  of  Aaron 
and  of  his  sons,  which  they  shall  offer  unto  the  Lord  on  the 
day    when    he    is    anointed."     (Lev.  vi.  13.)     This  com- 
mandment refers  to  the  daily  offering  of  the  High  Priest,  or 
of  the  anointed  priest   for  war    (Hebitey   Cohen-Godol). 
"And  on  the  Sabbath-day  two  sheep  of  the  first  year  with- 
out blemish."     (Num.  xxviii.  9.)    This  offering  is  the  Sab- 

*  Korban  Tamid. 
**Be  put  out. 


12g  GUIDE    OF    JUDAISM 

bath  Addition — Korban-Musaph.  "And  thou  shall  set  upon 
the  table  show-bread  before  me  always.  On  every  and  each 
Sabbath  day  shall  he  place  it"  (the  show-bread).  Exod. 
xxv.  30;  Lev.  xxiv.  8.)  "And  on  the  beginnings  of  your 
months  shall  ye  bring  as  a  burnt-offering  unto  the  Lord 
two  young  bullocks,  and  one  ram,  seven  sheep  of  the  first 
year  without  blemish."  (Num.  xxviii.  11.)  "And  ye  shall 
offer  an  offering  by  fire  unto  the  Lord  seven  days."  (Lev. 
xxiii.  8.)  This  commandment  refers  to  the  Korban-Musaph 
of  the  seven  days  of  Passover,  which  consist  of  the  same 
number,  and  is  identical  as  the  New-Moon  Korban-Musaph. 
"Then  ye  shall  bring  an  Omer  full  of  the  first  of  your  har- 
vest unto  the  priest."  (Ibid,  xxiii.  10.)  This  is  an  offer- 
ing consisting  of  an  Olah  (Ibid.  12),  together  with  the 
Omer  of  barley  brought  on  the  second  day  of  Passover  in 
addition  to  the  Korban-Musaph.  "And  ye  shall  count  unto 
you  from  the  morrow  after  the  holy  day,  from  the  day  that 
ye  bring  the  Omer  of  the  wave-offering,  that  it  be  seven 
complete  weeks."  (Ibid.  15.)  This  is  referred  to  the  period 
from  the  second  day  of  Passover  till  the  Feast  of  Weeks 
— Sephirah.  "And  on  the  day  of  the  first-fruits  ...  ye 
shall  bring  a  burnt-offering."  (Num.  xxviii.  26.)  The 
Korban-Musaph  of  Shebuoth  is  the  same  as  that  of  Pass- 
over. "Out  of  your  own  habitations  shall  ye  bring  two 
wave-loaves."  (Lev.  xxiii.  17.)  With  the  wave-loaves 
was  brought  a  special  offering,  consisting  of  seven  sheep, 
one  ox,  and  two  rams  as  Oloth ;  a  goat  as  a  Hatoth,  and 
two  sheep  as  a  peace-offering — Kabshey-Azereth.  "And  ye 
shall  prepare  as  a  burnt-offering."  (Num.  xxix.  2.)  This 
refers  to  the  Korban-Musaph  of  Rosh-ha-Shanah.  "And  on 
the  tenth  day  of  this  seventh  month  (Yom  ha-Kipurim) 
...  ye  shall  bring  as  a  burnt  offering,  etc."  (Ibid.  8.) 
The  Korban-Musaph  of  the  Atonement  is  the  same  as  of 
Rosh-ha-Shanah.  'And  on  the  fifteenth  day  of  the  seventh 


GUIDE    OP    JUDAISM  129 

month  ...  ye  shall  bring  as  a  burnt-offering,  etc.  (Ibid. 
12-34.)  These  refer  to  the  Korban-Musaph  of  each  of  the 
seven  days  of  Sukkot.  "On  the  eighth  day  (Shemini 
Azereth)  ...  ye  shall  bring  as  a  burnt-offering,  etc." 
(Ibid.  35-38.)  The  Korban-Musaph  of  Shemini  Azereth  is 
the  same  as  of  Rosh-ha-Shanah  and  Yom-ha-Kipurim.  Dur- 
ing the  seven  days  of  Sukkot  the  Korban-Musaph  of  each 
day  is  diminished  by  one  ox,  commencing  on  the  first  day 
with  thirteen.  Two  rams  and  fourteen  sheep  are  obligatory 
on  each  of  the  seven  days,  all  of  which  are  Oloth,  save  the 
goat,  which  is  a  Hatoth. 

'86-87-88)  "He  shall  not  leave  any  of  it  (the  meat  of  the  peace- 
offering)  until  the  morning."  (Lev.  vii.  15.)  The  same 
rule  is  applied  to  all  holy  things  of  which  the  priests  may 
eat,  each  offering  according  to  the  time  allotted  for  its  com 
sumption.  The  warning  is  again  repeated  in  Lev.  xxii.  30. 
"But  what  is  left  of  the  flesh  of  the  sacrifice  on  the  third 
day  shall  it  be  burnt."  (Ibid.  vii.  17.)  And  the  flesh  that 
toucheth  any  unclean  thing  shall  not  be  eaten,  with  fire  shall 
it  be  burnt."  (Ibid.  19.) 

(89)  "With  this  shall  Aaron  come  into  the  holy  place,  etc.  And 
this  shall  be  unto  you  as  a  statute  for  everlasting,  to  make 
an  atonement  for  the  children  of  Israel  for  all  their  sins 
once  a  year."  (Ibid.  xvi.  3-34.)  The  details  of  this  com- 
mandment the  High-Priest  was  charged  to  carry  out.  There 
were  fifteen  animals  sacrificed  on  the  Yom-ha-Kipurim,  the 
High-Priest  officiating  throughout  the  day.  Seven  days  be- 
fore Yom-ha-Kipurim  the  High-Priest  moved  to  his  Liskah 
in  the  Temple.  A  special  Vice-High-Priest  was  appointed, 
so  that  there  should  be  no  possible  interruption  in  the  serv- 
ice. During  those  seven  days  elders  of  the  judiciary  in- 
structed him  in  the  laws  and  made  rehearsals  with  him  so 
that  no  errors  be  committed  by  him  on  Yom-ha-Kipurim. 
(90-91-92-93-94-95-96-97-98-99-100-191)  "Then  the  whole  assem- 
bly of  the  congregation  of  Israel  shall  kill  it  (The  Pascal 


130  GUIDE    OF    JUDAISM 

Lamb)  toward  evening."  (Exod.  xii.  6.)  "Thou  shalt  not 
offer  the  blood  of  my  sacrifice  (Korban  Pesah)  with 
leavened  bread."  (Ibid,  xxiii.  18.)*  "Neither  shall  the 
fat  of  my  festive  sacrifice  remain  until  morning."  (Ibid.) 
This  commandment  charges  not  to  keep  the  Amurin  (fat 
and  entrails)  till  the  following  morning,  but  to  offer  them 
during  the  night.  The  warning  is  again  repeated  in  Ibid, 
xxiv.  25.  "And  they  shall  eat  the  flesh  (of  the  Korban 
Pesah)  in  that  night."  (Ibid.  xii.  8.)  "Thou  shalt  not 
carry  forth  aught  of  the  flesh  (of  the  Korban  Pesah)  abroad 
out  of  the  house."  (Ibid.  46.)  "And  no  bone  shall  be 
broken  in  it."  (Ibid.)  "And  ye  shall  not  let  anything  of  it 
remain  until  morning."  **  (Ibid.  10.)  "Neither  shall  there 
any  of  the  flesh,  which  thou  sacrificedst  in  the  evening,  on 
the  first  day,  remain  all  night  until  the  morning."  (Deut. 
xvi.  4.)  There  was  a  custom  inaugurated  to  have  slaught- 
ered, along  with  the  Korban  Pesah,  on  the  fourteenth  day 
of  Nisaan,  if  it  fell  on  a  week-day,  and  the  groups  were 
numerous,  additional  animals  from  either  the  herds  or  the 
flocks.  The  custom  was  based  upon  Ibid.  2,  saying.  "And 
thou  shalt  sacrifice  the  passover-offering  unto  the  Lord 
thy  God  of  sheep  and  of  oxen."  These  offerings  became 
known  as  Hagigath  Arba-Asar.  Against  having  any  part 
thereof  left  till  the  second  day  of  Pesah  this  warning  is 
directed.  "If  any  man  whatever  should  be  unclean  . 
or  be  on  a  distant  journey  .  .  .  yet  shall  he  prepare  the 
passover-lamb  unto  the  Lord:  In  the  second  month  on 
the  fourteenth  dayf  toward  evening  shall  they  prepare  it." 
(Num.  ix.  9-11.)  "With  unleavened  bread  and  bitter  herbs 
shall  they  eat  it."  (Ibid.)  "They  shall  leave  none  of  it 
until  morning."  (Ibid.  12.)  "And  no  bone  shall  they  break 
on  it."  (Ibid.)  The  Pesah-Shani  here  referred  to  may  be 
slaughtered  even  on  a  Sabbath,  and  all  regulations  pertain- 

•  See  Supra,  Laws  of  Passover. 
**  This  refers  to  any  part  which  Is  eatan 
t  Ivor.  14. 


GUIDE    OF    JUDAISM  131 

ing  to  the  timely  Korban  Pesah  are  enforced,  save  only  that 
there  are  no  additional  (Hagigath)  animals  offered. 
(102-103-104-105-106-107)    "Three  times  in  the  year  shall  every  one 
of  thy  males  appear  before  the  Lord  thy  God  in  the  place 
which  the  Lord  will  choose;  on  the  feast  of  unleavened 
bread,  and  on  the  feast  of  weeks,  and  on  the  feast  of  taber- 
nacles."   (Deut.  xvi.  16.)    "And  no  one  shall  appear  before 
the  Lord  empty  (without  a  Korban)."     (Ibid.)     "Three 
times  (Sholosh  Rgolim)  shalt  thou  keep  a  feast  unto  me  in 
the  year."     (Exod.  xxiii.  14.)     "And  thou  shalt  rejoice  on 
thy  feast,  etc."    (Deut.  xvi.  14.)    "Take  heed  to  thyself  that 
thou  forsake  not  the  Levite."f       (Ibid.  xii.  19.)     "Assem- 
ble the  people  together,  etc."    (Ibid.  xxxi.  12.)    This  com- 
mandment refers  to  what  is  designated  in  the  Talmud  as 
Mizvath-Hakhal.    Once  in  seven  years,  at  the  beginning  of 
a  new  Shemita,  on  the  night  preceding  the  second  day  of 
Sukkot,  the  people  were  summoned  by  trumpeters  to  appear 
in  the  Ladies'  Court — Ezrath  Nashim — and  there,  the  king 
of  Israel  appeared  upon  a  platform,  surrounded  by  the  dig- 
nitaries of  the  State  and  Temple,  and  read  to  the  people 
selections  of  the  Torah,  and  delivered  a  prayer  consisting 
of  seven  benedictions. 

(108-109-110-111-112)  "And  if  any  person  of  the  common  people 
should  sin  through  ignorance  by  his  doing  any  one  of  the 
prohibtions  of  the  Lord  .  .  .  then  shall  he  bring  as  his 
offering,"  etc.  (Lev.  iv.  27-28.)  This  refers  to  an  "im- 
mutible  offering" — Hatoth  Kebuah,  atoning  such  deeds  as, 
when  committed  purposeful,  would  expose  one  to  be  cut  off 
from  among  his  people — Koret.  "And  he  knew  not 
whether  he  have  incurred  guilt,  and  so  bear  his  iniquity. 
Then  shall  he  bring,"  etc.  (Ibid.  v.  17-19.)  This  charge 
refers  to  one  who  is  in  doubt  as  to  whether  or  not  he  com- 
mitted any  of  the  major  sins.  For  example,  one  who  had 
eaten  something  but  does  not  know  if  it  really  was  forbid- 
t  To  make  them  joyful  by  bringing  to  them  their  due. 


132  GUIDE    OP    JUDAISM 

den  food.  This  kind  of  sacrifice  is  designated  as  a  condi- 
tional trespass-offering — Asham  Talue.  "And  his  trespass- 
offering  shall  he  bring  unto  the  Lord,"  etc.  (Ibid.  25.) 
"And  if  his  means  be  not  sufficient,"  etc.  (Ibid.  v.  7-10.) 
A  poor  man  brings  offerings  according  to  his  means.  A 
tenth  part  of  an  ephah  measure  of  fine  flour  was  sufficient 
to  free  his  mind  from  the  burden  of  sin  fulness  and  start 
him  anew  upon  the  path  of  righteousness.  This  is  an  "up- 
and-down-offering" — Korban  Ailoh-ve-Yorod;  but  it  atones 
only  certain  sins,  as,  for  example,  having  taken  a  false 
oath  through  ignorance.  "And  if  the  whole  congregation 
of  Israel  sin  through  ignorance  .  .  .  then  shall  the  con- 
gregation offer,"  etc.  (Ibid.  iv.  13-14.)  The  whole  con- 
gregation may  sin  through  an  error  on  the  part  of  the  Great 
Sanhedrin,  if  it  pronounces  a  wrong  decision. 

(113-114-115-116)  "And  on  the  eighth  day  she  shall  take  unto  her- 
self two  turtle  doves,  or  two  young  pigeons,"  etc.  (Lev. 
xv.  29.)  "And  at  the  completion  of  the  days  of  her  purifi- 
cation for  a  son,  or  for  a  daughter,  she  shall  bring,"  etc. 
(Ibid.  xii.  6.)  "And  on  the  eighth  day  shall  he  take  unto 
himself,"  etc.  .  .  .  (Ibid.  xv.  14.)  "And  on  the  eighth 
day  he  (the  leper)  shall  take,"  etc.  (Ibid.  xiv.  10.)  These 
four  commandments  refer  to  different  unclean  persons,  who 
become  so  either  through  natural  or  accidental  causes.  Even 
after  complying  with  all  regulations  regarding  their  re- 
spective purification,  atonement  comes  about  only  by  means 
of  an  offering.  Before  they  bring  such  offering  they  are 
designated  as — Mehusrcy-Kaparah — wanting  atonement. 

(117)  "This  is  the  law,  when  a  man  dieth  in  a  tent;  every  one  that 
cometh  into  the  tent,  and  all  that  is  in  the  tent,  shall  be  un- 
clean seven  days."  (Num.  xix.  14.)  The  Levitical  laws 
of  purification  are  the  groundwork  of  all  hygienic  and  sana- 
tary  regulations  of  all  civilized  peoples.  The  subject  has 


GUIDE    OF    JUDAISM  133 

been  treated  by  scientists  the  world  over.  Nevertheless,  it 
is  through  the  ritual  character  that  was  given  to  the  subject 
that  some  of  these  laws  remain  in  force,  in  so  far  as  is 
consistent  in  diaspora.  There  are  twelve  different  parts  of 
the  dead  which  convey  defilement.  Some  contract  un- 
cleanness  either  by  touching,  carrying,  or  being  in  the  same 
tent  with  certain  parts  of  the  dead  ;  others  only  by  carrying 
the  dead  or  by  being  present  in  the  same  tent,  but  not  by 
touching;  and  still  others  by  touching,  or  by  carrying,  but 
not  by  being  present  in  the  same  tent.*  The  uncleanness 
affects  not  only  persons  but  everything  in  the  line  of  clothes, 
dishes,  or  furniture.f 

(118-119)     "Speak  unto  the  children  of  Israel,  that  they  bring  unto 

thee  a  completely  red  cow,"  etc.     (Ibid.  xix.  2.)     "And  a 

man  that  is  clean  shall  gather  up  the  ashes  of  the  cow,  and 

lay  them  up  without  the  camp,  in  a  clean  place  ;  and  it  shall 

be  kept  for  the  congregation  of  the  children  of  Israel  for  a 

water  of  sprinkling:  it  is  a  purification  offering."    (Ibid.  9.) 

The  offering  of  the  red  cow  took  place  without  the  Azarah.     The 

ashes  were  divided  in  three  parts  ;  one  part  the  priests  took  ;  the  other  was 

for  the  whole  people  ;  and  the  third  was  stored  away.    In  all  there  were 

to  be  offered  ten  such  red  cows.     One  was  offered  by  Moses,  one  by 

Ezra,  seven  during  the  Second  Temple  ;  and  the  tenth  one  will  be  offered 

when  the  reunion  of  Israel  in  Jerusalem  will  come  to  pass.    The  sprinkling 

water  was  made  of  pure  spring-water  mixed  with  the  ashes  of  the  burnt 

red  cow.     Such  water  has  a  paradoxical  effect;  it  purifies  the  unclean, 

and  contaminates  the  pure. 

(120-121-122-123-124-125-126-127)  "If  a  man  shall  have  in  the 
skin  of  his  flesh  a  swelling,  a  rising,  or  a  bright  spot,  and 
might  become  in  the  skin  of  his  flesh  the  plague  of  leprosy  ; 

of,human    remains,    bring  about   defilement   In    either 


t  The  period  of  purification  in  .-ill  instances  of  defilement  is  seven  day* 


134  GUIDE    OP    JUDAISM 

then  shall  he  be  brought  unto  Aaron  the  priest,  or  unto  one 

of  his  sons  the  priests."     (Lev.  xiii.  2.) 

There  were  two  principal  and  two  secondary  symptoms  of  the 
dreaded  disease  for  which  the  priests  were  to  look  out  in  pronouncing 
whether  or  not  the  subject  under  observation  suffered  from  leprosy.  If 
its  color  was  either  of  snow,  of  wool,  of  lime,  or  of  the  white  of  an  egg, 
the  subject  under  observation  had  to  be  isolated.  "Take  heed  of  the 
plague  of  leprosy,  to  observe  diligently,  and  to  do  according  to  all  that 
the  priests,  the  Levites,  may  instruct  you."  (Deut.  xxiv.  8.)  This  is  a 
warning  to  the  priests  not  to  destroy  the  symptoms  of  leprosy,  or  deny 
its  presence.  "But  the  scall  he  shall  not  shave."  (Lev.  xiii.  33.)  This  is 
a  warning  against  hiding  or  destroying  the  symptoms  of  scall  or  scurvy, 
either  in  a  person,  vessel,  or  house.  "And  the  leper  on  whom  the  plague 
is,  his  clothes  shall  be  rent,  and  the  hair  of  his  head  shall  be  grown,  and  he 
shall  cover  himself  up  to  his  upper  lip,  and,  unclean,  unclean,  shall  he  call 
out."  (Ibid.  xiii.  45.)  Even  if  the  subject  is  the  High-Priest,  who, 
otherwise,  is  forbidden  to  rent  his  garments,  or  have  his  hair  overgrown, 
must  submit  to  this  form  of  publicity  and  isolation.  "This  shall  be  the 
law  of  the  leper  on  the  day  of  his  being  cleansed,"  etc.  (Ibid.  xiv.  2.) 
"And  it  shall  be  on  the  seventh  day,  that  he  shall  shave  .  .  .  and  he 
shall  wash  his  clothes,  he  shall  also  wash  his  flesh  in  water,  when  he  shall 
be  clean."  (Ibid.  9.)  The  procedure  of  re-admitting  a  leper  to  society 
is  this  way:  When  the  dreaded  disease  is  pronounced  cured  the  priest 
brings  a  measure  (Rebiyt)  of  water  in  a  bowl,  and  two  clean  birds,  one  of 
which  is  slaughtered  and  its  blood  spilled  in  the  bowl,  and  the  mixture 
of  blood  and  water  is  sprinkled  upon  the  former  leper.  The  dead 
bird  is  buried,  and  the  live  one,  the  priest,  standing  within  the  gate 
of  the  city,  turns  loose  without  the  gate  of  the  city.  This  is  the  first 
period  of  purification.  Then  the  subject  remains  isolated  seven  days 
more,  when  the  second  purification  of  shaving,  washing  his  clothes  and 
the  immersion  of  his  flesh  in  a  water-font  takes  place.  Then,  on  the  eve- 
ning preceding  the  eighth  day  he  rejoins  society.  Leprosy  is  looked  upon 
as  a  plague  inflicted  for  having  committed  the  sin  of  slander,  sycophancy, 
or  arrogance,  hi  purifying  him  the  sprinkling  is  done  with  cedar  wood, 


GUIDE    OP    JUDAISM  10C. 

loo 

scarlet  yarn,  and  hyssop,  so  that  it  be  pointed  out  to  him  that  it  is  not 
wise  to  consider  one's  own  self  as  high  as  a  cedar-tree  and  have  to  be 
humbled  like  a  hyssop  and  a  worm,  which  resembles  the  scarlet  yarn. 
Moreover,  he  prattled,  let  him  witness  the  sight  of  what  can  be  done  to 
the  chattering  birds.  "And  if  there  be  a  garment  on  which  there  arise  a 
plague  of  leprosy."  (Ibid.  xiii.  47.)  That  the  ancient  Israelites  knew 
what  is  now  considered  advanced  science  is  clearly  indicated  by  these  laws, 
which  bring  home  the  danger  of  contagion.  Moreover,  the  forms  of  lep- 
rosy developed  in  clothes  are  identified  by  special  symptoms.  If  the* 
woolen  or  linen  garments  have  blood-red,  or  grass-green  color  spots,  it  is 
a  certain  case  of  leprosy.  "And  I  put  the  plague  of  leprosy  on  a  house," 
etc.  (Ibid.  xiv.  34.)  The  symptoms  in  a  house  are  the  same  as  in  gar- 
ments. 

(128-129-130-131)  "Then  shall  she  (the  menstruous  woman)  be  in 
her  state  of  separation  seven  days."  (Ibid.  xv.  19.)  The 
seven  days  begin  when  the  catamenia  ceases.  "And  if  a 
woman  have  (menses)  out  of  the  time  of  her  separation," 
etc.  (Ibid.  25.)  If  the  irregularity  continues  three  suc- 
cessive days,  the  rules  of  ordinary  catamenial  seven  clear 
days  must  be  followed ;  but  if  it  occurs  during  one,  or  even 
two  days,  one  clear  day's  separation  is  sufficient.*  "If  a 
woman  have  .  .  .  born  a  male  child,"  etc.  (Ibid.  xii. 

2-5-) 

This  commandment  orders  the  periods  of  separation  of  woman  after 
confinement,  in  which  she  has  forty  days'  time  to  become  purified  after 
the  birth  of  a  male  child,  and  eighty  days'  time  with  a  female  child,  the 
minimum  being  seven  and  fourteen  days,  respectively.  But  in  either  in- 
stance it  is  essential  to  begin  a  seven-day  period  of  purification  after 
catamenia  ceases.  "Speak  unto  the  children  of  Israel,  and  say  unto  them, 
When  a  man  have,"  etc.  (Ibid.  xv.  2.)  All  these  forms  of  uncleanness 
in  persons  render  everything  they  sit  or  lie  on  unclean.  They  must  be 
totally  separated  from  everybody  and  everything. 


*  *  Irregular  menses  is  possible  during1  eleven  days  following  regular  catameni;.. 


136  GUIDE    OP    JUDAISM 

(132-133-134)  "And  if  any  cattle  die,  which  is  allowed  to  you  as 
food;  he  that  toucheth  its  carcass  shall  be  unclean."  (Ibid. 
xi.  39.) 

This  commandment  refers  to  Nebelah,  which  includes  also  animals 
not  properly  slaughtered.!  "And  these  shall  be  unclean  unto  you  among 
the  creeping  things  that  creep  upon  the  earth."  (Ibid.  29.)  This  com- 
mandment refers  to  the  eight  kind  of  creeping  things — Sherozim — which 
are  conveying  uncleanness  to  one  who  touches  such  carcass  or  any  part 
thereof.  In  Ibid.  xv.  16,  mention  is  made  of  the  third  commandment  in 
this  paragraph,  which  refers  to  another  form  of  defilement  in  man. 

(*35)     "All  kinds  of  food  which  may  be  eaten,  on  which  water 

cometh,  shall  be  unclean ;  and  all  drink  that  may  be  drunk 

shall  be  rendered  unclean  in  every  vessel."     (Ibid.  xi.  34.) 

This  commandment  refers  to  contamination  which  is  conveyed  from 

an  unclean  thing  to  things  which  are  fit  to  eat  or  drink.    Eatables  include 

only  such  food  as  is  either  fit  or  intended  for  human  consumption ;  liquids 

include  only  honey,  wine,  oil,  milk,  dew,  blood  and  water. 

(136)  "He  shall  also  wash  his  flesh  in  water,  when  he  shall  be 
clean."  (Ibid.  xiv.  9.) 

All  those  who  must  undergo  a  period  of  uncleanness,  from  any  cause 
whatever,  before  they  may  again  enjoy  social  privileges  and  contact,  must 
be  immersed  in  a  water-font  which  contains  at  least  forty  measures — saoh 
— of  water,  which  flows  directly  in  the  font  from  either  a  spring,  rain,  or 
resevoir.  The  water  must  not  be  left  stationary  lest  i.  changes  color. 
Without  immersion — Tebilah — purification  is  impossible. 

The  elementary  outline  of  Abodah,  Korbouoth  and  Taharot  in  this 
chapter  is  not  intended  as  a  code — Shulhan  Aruoh — from  which  to  apply 
some  laws  which  are  still  in  vogue.  It  is  merely  given  to  the  student  as  a 
foundation  for  further  study,  particularly  the  student  who  aims  at  a  Rab- 
binical profession,  or  one  who  is  interested  in  Maimonides'  Yad-ha- 
Hazakah,  or  one  who  desires  a  liberal  conception  of  the  principle  of  this 
branch  of  Judaism. 


t  See  supra  Laws  of  Trephah. 


GUIDE    OF    JUDAISM  137 

CHAPTER   IV 


THE  LAWS  OF  MOURNING  FOR  THE  DEAD  ARE  BASED 

UPON  ONE  MANDATORY  AND  THREE  PRC* 

HIBITIVE  COMMANDMENTS 

(1)  "None  of  them  (the  priests)  shall  defile  himself  on  the  dead 

among  his  people."    (Lev.  xxi.  I.) 

(2)  "Neither  shall  he  (the  High-Priest)  go  in  to  any  dead  body." 

(Ibid.  11.) 

(3)  "Even  on  his  father  and  on  his  mother  shall  he  not  defile  him- 

self.    (Ibid.)     This  also  refers  to  the  High-Priest. 

(4)  "But  on  his  (the  priest's)  kin,  that  is  near  unto  him,  that  is,  on 

his  mother,  and  on  his  father,  and  on  his  son,  and  on  his 
daughtf  r,  and  on  his  brother.  And  to  his  sister  that  is  a 
virgin."  (Ibid.  xxi.  2-3.)  "And  Aaron  spoke  unto  Moses, 
Behold,  this  day  have  they  offered  their  sin-offering,  and 
their  burnt-offering  before  the  Lord;  and  things  such  as 
these  have  befallen  me  ;  and  if  I  had  eaten  the  sin-offering 
to-day,  would  it  have  been  pleasing  in  the  eyes  of  the 
Lord?"  (Ibid.  xi.  19.) 

From  these  passages  in  the  Torah  the  Rabbis  infer  that  mourning 
after  the  death  of  seven  relatives  —  *.  e.,  wife,  father,  mother,  son,  daugh- 
ter, brother  and  sister  —  is  mandatory.  At  least  the  first  day's  mourning 
is  a  mandatory  commendment  of  the  Torah,  as  Aaron  plaintively  points 
out  to  Moses  that  he  could  not  partake  of  the  sin-offerings  on  the  day 
his  two  sons  died.  Moreover,  when  the  priests,  who  must  not  defile 
themselves  by  being  near  the  dead  are  charged  to  defile  themselves  at  the 
death  of  the  enumerated  relatives,  it  is  obvious  that  mourning  after  the 
death  of  either  of  the  seven  relatives  is  obligatory. 

The  High-Priest  was  forbidden  to  defile  himself  on  any  dead  body, 
not  even  on  that  of  his  father  or  mother.  But  if  he  chanced  along  on 
the  read  and  found  the  remains  of  an  Israelite  on  the  way,  and  none  near 


138  GUIDE    OF    JUDAISM 

to  do  it,  he  had  a  traditional  right  to  defile  himself  and  bury  them.    Such 
burial  was  mandatory  upon  him — Meth  Misvah. 

Abraham  ordered  that  the  dead  shall  be  disposed  of  by  placing  the 
corpse  in  the  earth.  (Gen.  xxiii.  19.)  Such  was  the  Hebrew  form  of  in- 
humation from  the  very  inception  of  Jewish  history. 

Moses  instituted  a  period  of  seven  days'  mourning  for  the  loss  of 
either  of  the  seven  relatives.  During  the  time  funeral  preparations  are 
being  made,  the  mourner  is  excused  from  every  religious  obligation. 
After  the  funeral  it  is  customary  for  friends  of  the  bereaved  to  provide 
the  meal  of  consolation — Seudath-Habroyee. 

Gamliel  II  ordered  that  all  the  dead,  rich  and  poor  alike,  shall  be 
buried  in  plain  linen,  and  not  each  one  in  garments  according  to  the  means 
of  the  family,  as  had  been  the  custom  before  his  day. 

During  the  period  of  mourning  it  is  forbidden  to  sit  upon  a  chair, 
bathe,  trim  the  hair,  wear  shoes,  new  clothes,  do  any  work,  study  the 
Torah,  save  book  of  Job,  or  Lamentations,  do  business,  or  walk  on  the 
street.  These  are  the  regulations  of  Shibah. 

The  Rabbis,  at  a  later  period,  have  inaugurated  a  still  longer  period, 
extending  the  seven-day  limit  to  that  of  thirty  days — Sheloshim — basing 
their  reason  upon  Deut.  xxi.  13,  where  the  captive  is  ordered  to  "weep 
for  her  father,  and  her  mother  a  full  month."  But  during  Sheloshim  the 
things  forbidden  are  limited  to  travel  in  foreign  countries  for  commercial 
purposes,  marry,  visit  places  of  amusements,  wear  new  clothes,  or  trim 
the  hair. 

Upon  the  demise  of  a  father,  or  a  mother,  or  upon  hearing  of  the  de- 
mise of  either,  even  if  it  be  after  thirty  days  since  such  demise  happened 
— Shemuah-Rohokah — the  mourner  must  make  a  rend  on  the  left  side  of 
his  coat  or  vest-coat  as  a  manifestation  of  sorrow,  thereby  saying: 
"Blessed  be  thou,  O  Lord,  King  of  the  universe,  who  art  a  Truthful 
Judge."  Upon  the  demise  of  all  other  of  the  seven  relatives,  or  of  one's 
teacher,  or  of  the  spiritual  head  of  a  community,  or  upon  seeing  the 
desolate  cities  of  the  Holy  Land,  or  the  ruins  of  the  Temple,  or  upon 
learning  of  a  massacre  in  a  Jewish  city,  or  of  the  burning  of  the  Scrolls 


GUIDE    OP    JUDAISM  139 

of  the  Torah,  or  upon  hearing  words  of  blasphemy  against  God,  the  rend 
is  made  on  the  right  side  of  the  garment.    The  benediction  is  the  same. 

The  Kadish  is  recited  by  the  mourner  for  a  period  of  eleven  months, 
it  being  the  opinion  of  the  highest  Rabbinical  authorities  that  only  the 
most  wicked  in  Israel  are  judged,  before  their  souls  get  final  repose,  fully 
twelve  months.  The  Kadish  is  not  a  prayer  for  the  dead.  It  is  a  prayer 
for  the  glorification  of  God,  and  for  the  establishment  of  an  era  of  peace 
upon  earth.  There  is  special  memorial  prayer — Yskor — for  the  dead, 
but  it  is  recited  only  on  Yom-ha-Kipurim,  Shemini-Azeret,  the  last  day 
of  Pesah,  and  the  second  day  of  Shebuot. 

No  public  manifestation  of  mourning  is  permitted  on  Sabbaths  and 
holidays.  If  a  demise  occurs  on  the  eve  of  a  holiday,  and  the  funeral 
takes  place  before  sun-set,  the  mourner  is  .released  from  observing  the 
seven  days'  period  of  mourning.  Moreover,  the  thirty  days'  period  is, 
under  such  circumstances,  reduced  as  follows :  After  Rosh-ha-Shanah, 
or  Yom-ha-Kipurim,  by  seven  days;  after  Pesah,  or  Shebuot,  by  fifteen 
days ;  after  Sukkot,  by  twenty-two  days. 

If  after  the  period  of  Shebah  a  holiday  intervenes,  the  mourner  is  re- 
leased from  the  thirty-days'  period.  If  a  death  occurs  during  a  holiday, 
the  period  of  mourning  begins  only  at  the  termination  of  such  holiday; 
but  in  diaspora  the  last  day  of  Pesah,  or  Shebuot,  or  Sukkot  s  deducted 
from  the  Shebah  and  Shloshim,  notwithstanding  that  in  diaspora  the  day 
is  observed  and  no  open  manifestation  of  mourning  is  permitted  therein. 

A  suicide,  if  the  act  was  not  done  while  insane,  or  in  actual  distress, 
as  King  Saul,  loses  every  rite  of  Jewish  burial,  and  no  mourning  is  per- 
mitted after  him. 

Where  death  was  from  natural  causes,  and  no  near  relatives  are  ex- 
pected from  distant  points,  and  the  civil  law  of  the  place  be  not  against 
it,  the  remains  must  be  buried  before  nightfall  of  the  day  of  the  demise. 

The  remains  of  one  who  met  death  by  accident,  or  by  violence,  must 
not  be  disturbed,  and  they  are  buried  in  the  clothes  the  victim  had  on 
betore  such  death  overtook  him. 


140  GUIDE    OP    JUDAISM 

If  a  woman  dies  during  pregnancy,  efforts  must  be  made  to  separate 
from  her  remains  the  dead  issue,  and  bury  them  in  one  grave,  as  is  the 
custom  when  both  mother  and  babe  die  during  confinement. 

Such  are  in  brief  the  essential  regulations  concerning  burial  insti- 
tuted by  the  Rabbis  and  incorporated  as  part  of  traditional  Judaism. 
They  are,  in  part,  to  the  glory  of  both,  the  dead  and  the  living.  Life  is 
but  a  passing  shadow — the  shadow  of  a  bird  in  his  flight — away  flies  the 
bird,  and  there  remains  neither  bird  nor  shadow.  Yet,  what  great  achieve- 
ments might  be  accomplished  in  a  lifetime !  The  span  of  life,  at  its  ter- 
mination, appears  to  have  been  but  a  shadow,  a  dream ;  but  while  it  did 
last,  lo,  how  purposeful  the  shadow,  how  real  the  dream  can  be  made 
to  be! 

Life's  journey  might  terminate  any  time ;  the  soul,  as  the  great  sage, 
Hillel,  said,  is  but  a  guest  upon  earth.  Shall  our  endeavors  be  heaven- 
ward, or  shall  we  quicken  our  pace  nearer  earthward — to  our  grave,  to 
silence,  to  chaos  ? 

Judaism  disowns  the  idea  that  we  must  continue  to  die  during  our 
whole  lifetime.  Life  upon  earth  is  a  preparatory  school  for  that  life 
which  is  eternal.  As  such  life's  end  can  be  reached  by  worthy  means 
only.  In  keeping  ourselves  occupied  with  life's  purposes,  death  does  not 
at  all  enter  our  minds. 

We  need  not,  according  to  the  doctrines  of  Judaism,  look  upon  the 
mystery  of  creation  with  pessimism.  Judaism  is  characteristically  not  a 
pessimistic  religion. 

Only  on  occasions  as  when  a  near  relative  departs  from  us,  we  are 
advised  to  mourn,  to  study  "the  conclusion  of  the  whole  matter,"  to  en- 
deavor to  fathom  the  depths  of  our  souls,  to  discover  "whence  we  came 
and  whereto  we  go."  What  we  are  permitted  to  know  is  but  infinitesimal 
alongside  the  rest  which  is  yet  between  heaven  and  earth.  Pure  thoughts 
ever  lead  to  righteous  actions.  And,  of  such  is  the  reason  for  having  in- 
augurated periods  of  mourning  after  relatives.  When  death  is  brought 
home  to  us,  we  witness  the  realities  which  otherwise  appear  but  distant 
shadows.  And,  the  conclusion  of  the  whole  matter  is — to  fear  God. 


BOOK  V 


DtDBltf  -  -  D'Mtf  D  -  -  pp  - 
CHAPTER   I 

nxn  , 


THE   JEWISH    SYSTEM   OF    CRIMINAL   JURISPRUDENCE    IS 

BASED    UPON    SIXTEEN    MANDATORY    AND 

NINETEEN  PROHIBITIVE  COMMANDMENTS 

INTRODUCTION  :  The  world's  private  law  is  founded  upon  and?  nt 
customs  and  usages,  the  origin  of  which  cannot  be  accredited  to  either  a 
given  place,  period  or  people.  Students  of  comparative  jurisprudence, 
however,  agree  that  law  in  general  is  derived  from  man's  instinct  to  live 
after  a  formulated  set  of  rules  of  conduct.  The  first  rules  of  conduct 
among  the  primitive  men  were  characteristically  and  essentially  religious. 
The  ancient  Tities,  Ramnes,  and  Luceres  had  their  respective  curiae, 
each  of  which  had  its  own  curio  and  curia;  and  from  among  those  early 
Romans,  at  the  meetings  held  in  the  curia,  and  presided  over  by  the  curio, 
may  be  traced  no  mean  proportion  of  the  present-day  common  law.* 

But,  considering  that  the  accepted  date  of  the  foundation  of  Rome  is 
753,  B.C.E,  and  that  the  laws  of  the  xii  Tables  were  promulgated  in 
499  B.C.E.,  the  question  arises:  Were  the  Romans  the  real  inventors 
of  what  is  now  the  common  law?  Moreover,  the  greatest  Roman  jur- 
ists, Julian,  Papinian  and  Ulpian.f  upon  whose  works  Justinian  built 
his  Digest  and  Institutes,  lived  long  after  the  Romans  came  in  con- 
tact with  the  Jews  and  knew  all  of  their  laws  and  customs.}  An- 
toninus Pius  and  Hadrian,  according  to  Tamudical  authorities,  had 
full  knowledge  of  the  Jews  and  their  laws.  Might  it  not  be  possible 


*  See  F.  P.  Walton's  Introduction  to  Roman  Law,  second  edition,   58. 

J  All  three  lived  after  the  conquest  of  Jerusalem,  and  the  Justinian's  Institutes 
were  published  Nov.  21,  533,  A.  C.  E. 

t  The  latter  were  Syrians.  See  Sohm's  Institutes,  third  edition  (Oxford),  pp. 
99-101  and  299. 

141 


142  GUIDE    OF    JUDAISM 

that  Rome  built  upon  the  ruins  of  Jerusalem  not  only  its  fame  as 
having  conquered  the  God-chosen  people,  but  even  as  the  mother  of 
the  written  law? 

Be  it  as  it  may,  the  truth  remains  that  private  law,  both  written 
and  unwritten,  is  based  upon  the  principles  of  the  Torah.  In  detail, 
such  as  procedure,  or  method  of  punishment,  there  is  a  striking  differ- 
ence between  Roman  and  Jewish  jurisprudence ;  but  fundamentally  one 
must  be  an  offshoot  of  the  other,  as  they  both  are  identical  in  character 
and  in  aim. 

Entering  upon  an  outline  of  the  Jewish  system  of  jurisprudence, 
the  student  must  bear  in  mind  that  the  work  is  entirely  elementary, 
and  the  greatest  efforts  were  utilized  to  limit  the  subject  to  principles 
only. 

(1)  "And  if  one  man's   ox  hurt  the   ox  of   another."    (Exod. 

xxi.  35.) 

(2)  "If  a  man  cause  a  field  or  a  vineyard  to  be  eaten  off,  and 

he  let  his  beasts  enter,  and  they  feed  in  another  man's 
field."     (Ibid.  xxii.  4.) 

(3)  "And  if  a  man  open  a  pit,  or  if  a  man  dig  a  pit,  and  do  not 

cover  it,  and  an  ox,    or  an    ass    fall    therein."     (Ibid. 
xxi.  33.) 

(4)  "If  a  fire  break  out,  and  meet  with  thorns,  so  that  stacks  of 
corn,  or  the  standing  corn,  or  the  field  be  consumed  thereby,  he  that 
kindled  the  fire  shall  surely  make  restitution."     (Ibid.  xxii.  5.) 

Every  animal,  quadruped,  winged  or  creeping,  tame  or  wild,  is 
included  in  the  term  ox.  If  the  damage  was  done  in  a  manner  usual 
for  the  attacking  animal,  the  owner  must  make  full  restitution;  but 
if  the  act  was  unusual  for  such  animal  its  onwer's  responsibility  is  to 
the  extent  of  only  one-half  of  the  damage.  The  damage  in  either 
case  must  be  done  in  the  premises  of  the  plaintiff.  If  the  damage  was 
done  in  public,  or  in  private,  or  in  common  premises,  if  the  act  was  a 
<isual  one  for  the  animal,  the  owner  is  freed  entirely;  but  if  the  act 


GUIDE    OP    JUDAISM  Z43 

was  an  unusual  one,  half  of  the  damage  must  be  paid.*  £rH  may 
become  usual  in  certain  animals,  if  the  same  act  is  repeated  twice, 
when,  on  the  third  time,  the  owner  must  make  full  reparation. f  Dam- 
ages resulting  from  unusual  acts  are  collected  from  the  proceeds  of 
the  attacking  animal  itself;  but  nothing  else  of  the  defendant  can 
be  seized,  if  the  amount  due  can  be  satisfied  with  such  proceeds.  A 
wild  animal  is  not  presumed  to  have  committed  an  unusual  act  if  it 
did  the  damage  by  biting,  kicking,  or  stampede,  notwithstanding  that 
it  had  been  tamed.  But  biting,  kicking,  goring,  stampeding,  or  lying 
its  weight  upon  objects  and  breaking  them  are  presumed  to  be  un- 
usual acts  in  all  domesticated  animals.  Such  acts  become  usual  only 
by  being  repeated.  There  are  also  secondary  acts  for  which  the  owner 
is  responsible.  For  example,  a  rooster,  flying  from  place  to  place,  if 
it  breaks  something  with  the  force  of  its  wings,  it  is  a  principal  act, 
but  if  the  breakage  was  the  result  of  the  disturbance  in  the  air  created 
by  its  flight  the  act  is  secondary,  and  the  amount  collectable  is  only 
one-half.  There  is,  however,  one  kind  of  secondary  acts  for  which  the 
owner  is  condemned  to  pay  only  one-fourth  of  the  damage.  For  example, 
flying  gravel,  resulting  from  a  kick  on  the  ground  by  an  animal,  if  aught 
is  damaged  as  a  result  thereof,  the  owner  of  the  animal  pays  only 
one-fourth  of  the  damage. J  But  if  the  flying  gravel  resulted  from  a 
usual  act,  as  stepping  upon  it,  the  owner  must  pay  half  the  damage.** 

If  any  animal  kills  a  person,  the  animal  must  be  stoned,*  and 
the  onwer  is  condemned  to  pay  damages  to  the  heirs  of  the  deceased. 
The  husband  does  not  collect  such  damages,  but  it  goes  to  the  wife's 
relatives  through  her  father.f 

If  a  man  dig  a  pit  in  public,  or  in  his  own  premises,  which  are 
open  to  the  public,  or  to  his  neighbor,  he  is  responsible  for  any  dam- 
ages resulting  to  animals  from  a  fall  therein.  Every  form  of  obstruc- 
tion is  included  in  the  term  pit.  Moreover,  every  other  obstruction, 
although  an  offshoot  of  this  principal,  renders  one  liable  for  damages 

*  The  animal  committing'  an  unusual  act  is  designated  under  the  term  Tarn. 
The  third  unusual  act  brings  the  animal  in  the  class  of  Muod. 

t  In   such  instance  if  plaintiff  seizes  goods   to   the  amount  of  one-half  of  th« 
damage  it  cannot  be  revindicated. 

§  This  kind  of  damage  is  designated  under  the  term  Zerurot. 

*  Pee  supra.  Forbidden  Food, 
t  See  supra,  Marriage. 


144  GUIDE    OF    JUDAISM 

suffered  by  either  man  or  animals,  whereas,  in  the  case  of  a  pit,  a  man, 
being  presumed  to  take  care  of  himself,  if  he  falls  in  has  but  himself 
to  blame.  The  same  rule  is  applied  to  lifeless  objects  which  are  presumed 
to  be  under  the  care  of  men. 

Any  damage  resulting  from  having  built  a  fire  near  another's 
premises  must  be  made  good.  If  one  hands  a  burning  object  to  a 
minor,  a  mute,  or  an  idiot,  if  the  flame  could  not  go  out  of  itself  be- 
fore reaching  another's  premises,  full  restitution  must  be  made.  If  he 
gave  such  burning  object  to  a  normal  person,  or  to  his  watchman,  he 
is  free  from  any  responsibility,  the  presumption  being  that  a  normal 
person  will  take  care  of  another's  property,  and,  therefore,  the  guilt 
rests  upon  the  messenger.  Any  damage  resulting  from  falling  objects 
put  on  a  high  place  which  could  be  carried  off  by  a  usual  wind  must  be 
made  good.  This  is  considered  a  secondary  act,  the  principal  being 
damages  caused  by  fire.J 

(5)  "Ye  shall  not  steal."     (Lev.  xix.  11.) 

(6)  "If  a  man  steal  an  ox,  or  a  sheep,  and  kill  it,  or  sel  it,  five 

oxen  shall  he  restore  for  one  ox,  and  four  sheep  for  one 
sheep."     (Exod.  xxi.  37.) 

(7)  "Ye  shall  do  no  unrighteousness  in  judgment,  in  meteryard, 

in  weight  or  measure."     (Lev.  xix.  35.) 

(8)  "Just  balances,  just  weights,  a  just  ephah,  and  a  just  hin, 

shall  ye  have."     (Ibid.  36.) 

(9)  "Thou  shalt  not  have  in  thy  bag  divers  weights,  a  great  and 

a  small."     (Deut.  xxv.  13.) 

(10)  "Thou  shalt  not  remove  the  landmark  of  thy  neighbor, 

which  they  of  old  time  have  set."    (Ibid.  xix.  14.1 

(11)  Thou  shalt  not  steal."     (Exod.  xx.  15.) 

Theft,  under  whatever  guise  or  form,  if  the  amount  envolved  is 
worth  the  smallest  coin  in  the  realm,  is  forbidden,  and  double  restitu- 
tion must  be  made,  save  only  theft  of  an  ox  or  sheep,  the  restitution  of 
which  is  five-fold,  and  four-fold  respectively.  Anything  which  a  per- 
son takes  possession  of  to  which  he  has  no  legal  right,  the  whole 
being  done  in  the  absence  or  ignorance  of  the  rightful  owner  thereof, 

$  A.  principal  act  is  the  Ab  and  a  secondary  act  is  the  Toldah. 


GUIDE    OF    JUDAISM  143 

is  considered  theft.  In  making  restitution,  adjustment  according  to  the 
value  of  the  property  at  the  time  the  theft  was  committed  must  be 
made.  It  is  forbidden  to  purchase  aught  from  a  thief.  It  is  also  for- 
bidden to  purchase  anything  from  servants,  or  minors,  unless  it  be  some- 
thing which  is  known  to  belong  to  them. 

Measures  and  weights  must  be  of  one  standard.  Short  weight 
or  measure  is  theft  pure  and  simple ;  but  restitution  is  made  only  to 
the  extent  of  the  shortage.  Any  form  of  deceit  practiced  in  trade, 
save  the  legitimate  profit,  is  theft.  The  same  law  applies  to  both 
moveable  and  immoveable  property. 

To  encrouch  upon  one's  boundary  line,  if  it  be  done  without  the 
knowledge  of  the  onwer,  is  theft ;  if  with  his  knowledge,  but  without 
his  consent,  it  is  robbery. 

Abduction  is  a  form  of  theft  which  is  punished  by  death,  if  the 
abducted  person  was  sold,  after  having  been  forced  to  work  for  the 
thief,  even  if  the  work  performed  while  under  restraint  was  of  the 
slightest  consideration.* 

(12-13)     "Thou  shalt  not  withold  anything  from  thy  neighbor, 
nor  rob  him."     (Lev.  xix.  13.) 

(14)  "Neither  shalt  thou    desire  thy    neighbor's    house,"    etc. 

(Deut.  v.) 

(15)  "Thou  shalt  not  covet  thy  neighbor's  house ;  Thou  shalt 

not  covet  thy  neighbor's  wife,"  etc.     (Exod.  xx.  17.) 

(16)  "That  he  shall  restore  what  he  hath  taken  violently  away, 

or  the  wages  which  he  hath  withheld,  or  that  which  was 
delivered  to  him  to  keep,"  etc.  (Lev.  v.  23.) 
(17-18)  "Thou  shalt  not  see  thy  brothers  ox  or  his  lamb  go 
astray,  and  withdraw  thyself  from  them;  thou  shalt 
surely  bring  them  back  again  unto  thy  brother."  (Deut. 
xxii.  i.) 

Taking  possession  of  another's  property  by  force  is  robbery.* 
Withholding  another's  property,  although  originally  possession  was 

•  Premeditation  and  intention  is  proved  by  the  enforced  labor  and  by  the  subse- 
quent nale. 
t  G'zelah. 


146  GUIDE    OF    JUDAISM 

taken  by  the  consent  of  the  owner,  is  also  a  form  of  robbery.    Wages 
of  a  workman  comes  iwthin  the  latter.    It  is  forceful  detention.! 

Full  restitution  must  be  made  by  the  robber,  or  the  detainer.  The 
article  itself  is  recoverable,  even  if  a  whole  building  should  have  to 
be  demolished  to  accomplish  it.  However,  if  the  price  of  such  article 
is  offered  instead  no  unnecessary  damage  should  be  caused. 

Coveting  is  interpreted  to  include  one  who  contrives  and  ulti- 
mately purchases  or  obtains  possession  of  any  object,  even  by  peaceful 
means.  Not  to  desire,  means  simply  not  to  have  in  one's  heart  a  longing 
for  aught  that  belongs  to  his  neighbor.  Both  are  crimes,  the  lesser  lead- 
ing to  commit  the  greater,  with  the  possible  result,  when  impossible  to  ob- 
tain the  desired  object  by  peaceful  means,  of  its  owner  being  mur- 
dered. Gambling  is  a  crime,  because  it  is  akin  to  robbery,  resulting 
from  a  desire  to  get  possession  of  another's  property  without  giving 
him  value  for  it. 

Retention  of  a  lost  article  or  strayed  animal  is  another  form  of 
robbery,  unless  no  identification  marks  be  thereon,  and  the  onwer 
thereof  cannot  be  found  after  publication. 

(19)     "And  if  men  strive  together,  and  one  smite  the  other  with 
astone,  or  iwth  the  fist,  and  he  die  not,  but  keepeth  his 
bed."     (Exod.  xxi.  18.) 

If  a  man  assault  his  fellow,  there  being  no  evidence  of  self- 
defense,  he  becomes  liable  in  damages  for  reducing  earning  capacity, 
for  the  pain  he  causes,  doctor's  fee,  loss  of  time,  and  injury  to  repu- 
tation. An  "eye  for  an  eye  and  tooth  for  tooth"  is  figurative  speech ; 
it  being  an  emphasis  of  the  extent  of  the  damages  the  victim  is  to 
receive.  If  a  literal  interpretation  should  be  given,  the  end  of  justice, 
which  is  founded  upon  the  principal  that  the  damages  belong  to  the 
plaintiff,  would  be  entirely  defeated.  The  interpretation  thereof  be- 
ing, that  adjustment  should  be  made  commensurate  to  the  degree  ofr 
harm  inflicted.  A  man's  acts  are  never  considered  unusual,  unless  he 
be  adjudged  insane.  The  act  must  be  purposeful,  if  not  premeditated, 
in  order  to  condemn  a  defendant  to  pay  all  the  five  forms  of  damages ; 

J  See  infra,  Employer  and  Employee. 


GUIDE    OF    JUDAISM  147 

but  if  harm  was  done  to  another  innocently,  there  is  no  damages  for 
injury  to  reputation.  The  weapon  with  which  injury  was  inflicted 
must  also  be  exhibited.  If  it  be  anything  which,  by  its  nature,  is  in- 
capable of  inflicting  injury,  and  yet  injury  was  done,  and  the  act  was 
purposeful,  defendant  is  condemned  only  the  damages  for  injury  to 
reputation.  Every  form  of  damages  must  be  adjusted  according  to 
the  position,  earning  capacity,  trade,  and  reputation  of  the  plaintiff. 
Man  is  responsible  for  every  kind  of  damages  caused  by  his  acts. 

(20)  "Thou  shalt  not  kill."     (Ibid.  xx.  13.) 

(21)  "Moreover  ye  shall  take  no  redemption  money  for  the  per- 

son  of  a   murderer,  who  is  guilty  of  death."      (Num. 
xxxv.  31.) 

(22)  "And  the  congregation   (the  court)   shall  restore  him  to 

the  city  of  his  refuge,"  etc.     (Ibid.  25.) 

(23)  "And  ye  shall  take  no  redemption  money  for  him  that  hath 

fled  to  the  city  of  his  refuge."     (Ibid.  32.) 

(24)  "That  the  manslayer  die  not  until  he  have  stood  before  the 

congregation  for  trial."    (Ibid.  12.) 

(25-26)     "Then  shalt  thou  cut  off  her  hand;  thy  eye  shall  not 
have  pity."     (Deut.  xxv.  12.) 

(27)  "Thou  shalt  not  stand  idly  by  the  blood  of  thy  neighbor." 

(Lev.  xix.  16.) 

(28)  "Then  shalt  thou  set  apart  three  cities  for  thyself,"  etc. 

(Deut.  xix.  2.) 

(29)  "And  they  shall  break  there  the  neck  of  the  heifer  in  the 

valley."     (Ibid.  xxi.  4.) 

(30)  "Which  (shall)  neither  (be)  tilled  nor  sown."     (Ibid.) 
(3J-32)     "When  thou  buildest  a  new  house,  thou  shalt  make  a 

battlement  for  thy  roof;  that  thou  bring  not  blood  upon 
thy  house."     (Ibid.  xxii.  8.) 

(33)     "Nor  put  a  stumbling-block  before  the  blind."     (Lev   xix 
I4-) 


148  GUIDE    OP    JUDAISM 

(34)  "Thou  shalt  surely  unload  with  him."     (Exod.  xxiii.  5.)* 

(35)  "Thou  shalt  surely  help  him  to  lift  them  up  again."    (Deut. 

xxii.  4.) 

Premeditated,  or  purposeful,  homicide  constitutes  murder.  The 
next  kin  of  the  murdered  person  was  obliged  to  act  as  the  execu- 
tioner, unless  it  fell  to  the  lot  of  a  son  to  execute  his  father,  when  the 
executioner  must  be  appointed  by  the  court.f  A  life  for  a  life  must 
be  taken.  No  redemption  money,  nor  even  the  forgiveness  of  the 
murdered  person's  family  will  free  the  accused.  Life  belongs  to  God, 
its  Creator.  No  mob  law  is  permitted.  The  accused  must  be  tried, 
even  if  the  act  was  public,  and  the  judges  themselves  were  witnesses 
to  it. 

In  preventing  murder  or  violence,  every  citizen  has  a  right  to 
employ  even  forceful  means.  In  exercising  such  duty  care  should  be 
taken  not  to  kill  the  would-be  murderer ;  but  if  crime  can  not  other- 
wise be  prevented  even  homicide  is  permitted.  Similar  extreme  meas- 
ures might  be  employed  in  preventing  attempts  upon  the  honor  of  a 
betrothed  woman.*  In  preventing  such  crimes,  every  citizen  must 
perform  his  duty.  He  must  take  no  pity  upon  the  would-be  mur- 
derer, for  he  must  not  witness  cold-blooded  murder  or  infamy. 

There  are  three  degrees  of  excusable  homicide:  (a)  Unintentional; 
(b)  fortuitous;  (c)  negligent.  The  cities  of  refuge  were  provided 
for  all  such  persons  who  caused  the  death  of  a  fellow  unintentionally. 
If,  under  such  circumstances  the  next  of  kin  took  life  for  life,  if  it  be 
without  the 'limit  of  a  city  of  refuge,  no  guilt  shall  rest  upon  him.f 
Fortuitous  homicide  is  death  caused  by  what  might  be  designated  as 
force  majeure,  and  no  exile  is  pronounced  upon  the  accused,  and  the 
next  of  kin's  life  must  be  taken  if  he  took  life  for  life.  The  punish- 
ment of  exile  will  not  atone  a  homicide  where  the  accused  contributed 
negligence,  although  he  does  not  forfeit  his  life.  Therefore,  he  remains  at 
the  mercy  of  the  next  of  kin. 

•  See  Supra,  Cruelty  to  Animals. 

t  The  law  of  the  XII  tables  rt-cogmlzed  homicide  as  a  public  crime  only  when 
directed  against  the  State.  Private  delicts  were  settled  by  relatives.  See  Criminal 
recht  der  ROmer.  36. 

•Doubtless  this  must  be  the  source  of»what  is  generally  designated  as  the 
Unwritten  Law  relating  to  the  protection  of  home  and  family. 

t  Here  are  traces  of  the  principle  of  Talio.  but  not  as  practiced  by  the  early 
Roman*. 


GUIDE    OF    JUDAISM  149 

The  widest  publicity  was  given  to  an  unsolved  murder  case.  Five 
members  of  the  Supreme  Court  (Beth-din-ha-Gadal}  of  Jerusalem 
went  out  to  the  place  where  the  victim  was  found,  and  measured  the 
distance  of  the  surrounding  cities  to  ascertain  the  nearest  one  to  the 
city  where  the  murder  took  place.  Then  the  ceremony  of  the  break- 
ing of  a  heifer's  neck  takes  place. 

Every  place  or  thing  which  might  become  dangerous  to  life  or 
limb  must  be  safeguarded  or  removed.  Not  only  the  roof,  but  every 
part  of  one's  premises  must  be  free  from  danger.  Care  must  be  exer- 
cised even  in  circulating  coined  money,  lest  some  person,  suffering  of 
contagious  disease,  handled  it. 

It  is  within  the  right  of  every  man  to  demand  of  his  fellow  his 
aid  in  loading  and  unloading  his  camel.  Unloading  must  be  done 
without  remuneration  ;  but  one  may  charge  for  the  time  spent  in  aid- 
ing a  fellow  to  put  a  load  on.  In  giving,  or  demanding  the  right-of- 
way,  preference  must  be  given  to  the  heavier  load,  or  the  one  with 
a  longer  distance  ahead.  When  everything  is  even,  adjustment  is  made 
by  the  parties  on  a  basis  of  indemnity  to  the  one  who  yields. 

CHAPTER  II. 


THE   LAWS   OF   SALE,    GIFT,    ACQUISITION,    PREHENSION, 

BOUNDARIES,  PARTNERSHIP,  AGENTS,  SERVANTS  AND 

SLAVES  ARE  BASED  UPON  SIX  MANDATORY  AND 

TWELVE  PROHIBITIVE  COMMANDMENTS 

(1)  "And  if  thou  sell  aught  unto  thy  neighbor,  or  buy  aught  of 

thy  neighbor's  hand."    (Lev.  xxx.  14.) 

(2)  "Ye  shall  not  overreach    (vex,  oppress,  deceive)   one  the 

other."    (Ibid.) 

(3)  "Ye  shall  not  overreach    (with    words)    one    the    other." 

(Ibid.  17.) 


150  GUIDE    OF    JUDAISM 

(4-5)  "And  a  stranger  thou  shalt  not  overreach,  and  shalt  not 
oppress  (extort  from)  him."  (Exod.  xxii.  20.) 

Property,  by  its  nature,  whether  corporeal  or  incorporeal, 
is  either  moveable  or  immoveable.  In  order  to  change  ownership  in 
property  some  transaction  is  necessary.  Such  transaction  is  called — 
sale.  A  sale  can  not  be  negotiated  by  mere  words  between  the  ven- 
dor and  the  purchaser,  even  though  spoken  in  the  presence  of  wit- 
nesses. After  the  conditions  of  the  sale  are  agreed  upon,  they  must 
be  carried  out  so  that  the  privileges  as  well  as  the  responsibilities  of 
ownership  might  be  determined.  This  is  simplified  when  the  prop- 
erty is  moveable,  and  easily  handed  to  the  purchaser.  But  when  such 
moveables  can  not  be  handed  over  bodily,  or  when  the  property  is  im- 
movable, the  difficulty  to  convey  the  rights  of  the  vendor  to  the 
purchaser  must  be  overcome  by  determining  ownership  as  soon  as  a 
sale  is  concluded,  although  not  actually  in  possession  of  the  latter. 

Immovables  are  sold,  and  right  of  ownership  thereto  is  estab- 
lished by  three  forms  of  sale:  (a)  complete  payment  of  purchase 
price ;  (b)  written  instrument  transferring  the  right  of  the  vendor  to 
the  purchaser;  (c)  possession. 

(a)  When  the  sale  is  a  cash  transaction,  a  deed  of  sale  must  in 
any  case  be  written.  No  transfer  of  property  can  be  made  without  a 
consideration.  The  minimum  making  a  sale  binding  is  a  Prutah. 

(b)  The  written  instrument  must  set  forth  the  conditions 
upon  which  the  sale  is  made,  emphasizing  the  fact  that  the  price  was 
either  paid,  or  otherwise  satisfactorily  settled. 

(c)  Possession  is  consummated  if  the  purchaser  makes  some  im- 
provement, as  a  fence  around  a  field,  or  a  lock  on  a  door,  in  the  pres- 
ence of  the  vendor. 

The  sale  of  a  heathen  slave  is  negotiated  in  a  manner  similar  to  the 
sale  of  immovables.  Possession  is  complete  when,  in  the  presence  of 
the  old  master,  he  renders  some  service  to  his  new  one.  A  slave  can 
also  be  acquired  by  prehension,  if  it  be  done  in  the  presence  of  the 
vendor. 


GUIDE    OP    JUDAISM  151 

A  sale  of  animals  is  complete  when  the  purchaser  accepts  the 
"leader"*  of  the  herd  or  of  the  flock,  or  when,  in  the  presence  of  the 
vendor,  he  either  drives  the  animal  a  little  way,  or  leads  it  along.  But 
in  such  manner  of  sale  the  premises  must  not  be  public,  but  common 
property  of  both,  the  vendor  and  the  purchaser.  Ownership  in  ani- 
mals is  also  acquired  by  means  of  lifting  the  animal  up  bodily. 

Movable  property  is  acquired  by  either  lifting  it,  or  dragging  it  along 
a  little  ways,  if  it  can  not  be  lifted.  A  boat  is  acquired  by  delivery,  if 
towing  it  is  diticult. 

Ordinarily,  as  soon  as  the  price  is  paid  the  sale  is  complete  where 
movables  are  concerned,  but  to  prevent  possible  carelessness  on  the 
part  of  the  vendor  it  was  ordered  that  no  sale  is  complete  and  the 
movables  continue  to  be  the  risk  of  the  vendor  till  the  purchaser  will 
have  consummated  the  deal  by  some  form  of  possession,  when  owner- 
ship is  determined. 

A  sale  conveying  immovables  may  include  every  kind  of  movable 
property,  without  any  further  formality,  unless  the  movables  are  lo- 
cated elsewhere  than  on  the  immovable  described  in  the  deal,  when 
the  sale  of  the  movables  must  be  made  dependent  upon  the  immov- 
ables, f 

Barter  does  not  necessitate  the  presence  of  both  articles  which 
form  the  basis  of  the  transaction,  but  as  soon  as  one  party  takes  pos- 
session of  one  article  the  other  party  becomes  the  virtual  owner  of 
the  other.  Barter  may  also  be  accomplished  if  the  purchaser  gives 
something  of  value  to  the  vendor.J 

In  settling  a  debt  with  movables,  the  creditor  must  acquire  own- 
ership in  the  usual  manner  employed  in  sales. 

A  sale  in  duress,  if  there  are  witnesses  to  that  effect,  and  they  tes- 
tify that  the  vendor  told  them  so  before  the  sale  was  made,  is  void- 
able. 

•  Every  herd  or  flock  has  one  animal  as  leader,  after  whom  all  others  follow, 
t  Kinyou  Agab. 

j  Helipin  is  binding  even  if  one  article  is  worth  but  a  single  prutah  and  the 
other  any  amount. 


152  GUIDE    OP    JUDAISM 

All  conditions  of  a  sale  must  be  fulfilled,  whether  they  be  made 
by  the  vendor  or  by  the  purchaser;  but  the  conditions  follow  only 
when  the  main  object  of  the  sale,  which  is  transfer  of  ownership, 
was  carried  out. 

One  sixth  more  than  the  value  of  the  article  sold  constitutes 
fraud  and  must  be  returned,  if  the  demand  is  made  by  the  purchaser 
within  a  reasonable  time,  so  that  he  could  have  established  the  actual 
value  thereof.  One  may  make  a  profit.  He  may  also  demand  for 
his  goods  more  than  its  real  value.*  But  he  must  state  the  fact  to  the 
prospective  purchaser. 

Food  trusts  are  forbidden  throughout  Palestine.  Neither  are 
two  different  people  permitted  to  make  profits  on  eggs.  Storing  away 
of  articles  of  food  in  order  to  raise  the  prices  thereon  is  not  permitted. 
Staple  necessities  of  life  can  not  be  made  articles  of  merchandise  through- 
out Palestine.  Foodstuffs  have  to  be  delivered  direct  from  the  producer 
to  the  consumer.  Co-operative  markets  among  citizens  are  permitted. 
Unionism  to  regulate  hours  of  labour  and  prevent  others  from  infringing 
upon  such  regulations  is  permitted.! 

Any  infringement  upon  such  right,  whether  for  profit  or  not, 
came  under  the  law  of  fraud. 

Misrepresentation,  fraud,  deceit  or  advantage  upon  others  include 
also  strangers,  who  must  be  protected  by  the  laws  of  the  country. 
In  fact  then,  the  violation  is  thrice  forbidden.^ 

Any  article  which  is  sold  by  measure,  weight  or  number,  if  it  be 
found  short,  the  difference  is  collected  from  the  vendoi ,  and  such  debt 
is  never  prescribed. 

There  can  be  no  overcharge  in  a  land  transaction.  Land  is  worth 
any  amount  one  pays  for  it.§ 


»  This  does  not  include  foodstuff. 

t  This  applies  to  hours  and  maximum  and  minimum  wages. 

}  Deceit  in  itself,  deceit  practiced  upon  a  fellow,  and  deceit  upon  a  stranger. 

§  The  same  principle  is  applied  to  lessor  and  lessee. 


GUIDE    OF    JUDAISM  153 

If  the  deceit  was  in  the  article  itself,  it  is  ground  for  annulling 
the  sale. 

It  is  forbidden  to  sell  any  kind  of  property  which  is  the  subject 
of  litigation,  or  upon  which  there  is  an  existing  mortgage,  unless  the 
purchaser  knows  the  fact  and  is  satisfied.  Failing  to  let  the  purchaser 
know  of  such  fact  is  ground  for  annullment. 

No  sale  is  binding  unless  the  article  which  forms  the  basis  of  the 
sale  is  existing;  but  one  may  sell  or  rent  a  property  and  restrict  en- 
joyment thereof  to  accessions  only,  notwithstanding  that  such  accessions 
are  to  come  in  a  future  date. 

Minors,  idiots  and  deaf-mutes  can  not  dispose  of  property;  but 
they  may  earn  and  collect,  sell  or  buy,  all  that  is  necessary  to  sustain 
their  life. 

Ownerless  property  is  acquired  by  means  of  possession  only.  The 
same  rule  applies  to  the  accession  of  such  property. 

Gifts  or  donations  must  be  acquired  by  the  same  means  as  a  pur- 
chase. As  soon  as  the  transfer  is  made,  the  donee  assumes  all  obliga- 
tions attached  in  connection  with  the  ownership  of  such  property. 

All  deeds  of  donation  must  be  public ;  it  cannot  be  executed  priv- 
ately. 

A  man  cannot  make  a  will  to  disinherit  his  lawful  heirs,  but  he 
can  donate  all  his  property  to  any  one  he  wishes  by  a  deed  of  dona- 
tion.* When  the  doner  is  sick,  and  such  sickness  terminates  in  his 
death,  the  donee  is  entitled  to  such  property,  even  if  the  donation 
was  made  verbal,  before  two  witnesses.  u 

Undivided  interests  in  immovables  between  two  or  more  parties,  if 
after  division  there  will  still  remain  enough  in  proportion  for  each  of 
the  parties,  and  the  divided  parts  will  retain  their  previous  designation, 
one  may  force  the  other  to  divide  it.  Whether  an  immovable  is  divisible 
or  not  depends  upon  its  nature,  when  it  is  determined  according  to  its 

•  See  Infra,  Inheritance. 


154  GUIDE    OF    JUDAISM 

size.  For  example,  two  or  more  people  own  a  yard  in  community,  if  a 
minimum  of  four  square  ells  would  be  left  to  either  of  the  parties,  so 
that  the  share  of  each  would  still  be  designated  as  yard,  the  law  of 
division  is  applied  and  enforced.  The  same  rule,  but  in  different  propor- 
tions, is  applied  to  fields,  gardens,  and  vineyards. f  By  mutual  consent 
parties  may  divide  among  themselves  even  such  property  which  is  legally 
indivisible. 

When  an  estate  is  divided  among  several  heirs,  boundary  lines 
must  be  established,  and  one  can  not  encroach  upon  the  line  of  the 
other.  Fences  and  ditches  and  separation  walls  must  be  built  in  com- 
mon, each  party  contributing  a  prooprtional  share  of  the  cost. 

Any  nuisance  can  be  objected  to  by  a  neighbor,  and  one  having  a 
business,  or  trade,  which  constitutes  a  nuisance,  can  be  forced  to  re- 
move it  to  a  safe  distance  from  his  neighbors. 

The  appointment  of  an  agent  can  be  made  verbally,  unless  he  is  to 
reclaim  property  for  his  principal,  when  he  is  obliged  to  produce  a 
written  power  of  attorney. 

Partnership  can  be  established  upon  something  which  constitutes 
capital  at  the  time  such  partnership  is  agreed  upon.  No  partnership 
can  be  based  upon  non-existing  values,  or  things.  For  example,  no 
agreement  to  divide  future  earnings  is  binding,  as  one  can  not  convey 
to  the  other  a  non-existing  thing.  Partnership  binds  both  parties 
equally,  and  restricts  their  respective  activities  to  the  conditions  of 
the  partnership.  An  unconditional  partnership  binds  each  of  the 
parties  not  to  carry  on  the  business  in  a  foreign  city,  or  country, 
not  to  admit  a  new  member  to  the  partnership,  not  to  deal  in  any 
other  line  of  goods  save  the  one  started  out  with  at  the  time  of  the 
formation  of  partnership,  not  to  give  credit,  unless  it  be  a  line  of 
goods  which  is  customary  to  sell  on  credit. 

(6)     "If  thou  buy  a  Hebrew  servant,  six  years  shall  he  serve," 
etc.     (Ibid.  xxi.  2.) 


t  There  must  be  enough  place  for  each  to  sow  a  minimum  amount  of  seed. 


GUIDE    OF    JUDAISM  155 

(7)  "They  (Hebrew  servants)  shall  not  be  sold  as  bondmen  are 

sold."     (Lev.  xxiii.  42.) 

(8)  "Thou  shalt  not  rule    over   him    (Hebrew    servant)    with 

rigor."    (Ibid.  43.) 

(9)  "He  (the  idolater)  shall  not  rule  over  him  (Hebrew  servant) 

with  rigor  before  thy  eyes."    (Ibid.  53.) 

(10)  "Thou  shalt  not  compel  him  (Hebrew  servant)  to  work  as 

a  bond-servant."     (Ibid.  39.) 

(11)  "Thou  shalt  not    let    him    (Hebrew    servant)    go    away 

empty."     (Deut.  xv.  13.) 

(12)  "Thou  shalt  furnish  him  (Hebre  wservant)  liberally  out 

of  thy  flocks,  etc.     (Ibid.  14.) 

(13)  "If  she  please  not  her  master,  to  whom  he  hath  assigned 

her,  then  shall  he  aid  her  to  be  redeemed."  (Exod.  xxi.  8.) 

(14)  "And  if  he  should  assign  her  unto  his  son,"  etc.  (Ibid.  9.) 

(15)  "Unto  a  strange  nation  he  shall  have  no  power  to  sell  her, 

seeing  he  dealt  faithlessly  with  her."     (Ibid.  8.) 

(16)  "You  may  hold  them  (heathen  slaves)  to  service  forever." 

Lev.  xxv.  46.) 

(17)  "Thou  shalt  not  deliver  unto  his  master  the  servant  who 

may  escape  unto  thee  from  his  master."  (Deut.  xxiii.  16.) 

(18)  ''With  thee  shall  he  (the  escaped  slave)  dwell    .    .    .    thou 

shalt  not  overreach  him."    (Ibid.  17.) 

The  purchase  of  a  Hebrew  servant  is  possible  under  two  condi- 
tions only:  (a)  when  a  thief,  who  was  found  guilty,  but  who  has 
no  means  whatever  to  make  restitution  of  the  actual  value  of  the 
stolen  article,*  is  sold  by  authority  of  justice;  (b)  when  one  becomes 
so  poor  that  he  actually  has  starvation  facing  him,  he  may  sel  Ihimself 
as  a  slave.  In  neither  case  can  the  sale  be  public,  upon  a  block,  as 
was  the  custom  in  selling  heathen  slaves.  Prisoners  are  not  slaves, 


156  GUIDE    OF    JUDAISM 

and  cannot  be  compelled  to  work  as  hard  as  slaves,  unless  they  be  re- 
bellious. The  slave  must  do  his  duty,  but  his  owner  must  treat  him 
as  his  equal  in  manner  of  board,  clothes  and  dwelling.  A  slave  sold 
by  authority  of  justice  can  not  be  sold  for  a  longer  term  than  six 
years.  A  Sabbatical  year  does  not  release  him,  but  the  Jubilee  year 
prescribes  the  term  of  a  slave,  even  though  it  be  one  year  after  he 
was  sold.  When  one  sells  himself  in  slavery,  he  has  the  right  to 
prolong  the  period  to  as  many  years  as  he  deems  fit,  but  the  Jubilee 
year  will  release  him  under  any  circumstances.  But  the  Sabbatical  year 
will  not  affect  such  sale. 

A  father,  who  has  nothing  left  upon  which  to  subsist,  has  a  right 
to  sell  his  little  daughter  in  slavery  before  her  age  of  puberty.  Her 
release  comes  about  by  six  different  means  (a)  at  the  expiration  of 
six  years ;  (b)  at  the  approach  of  a  Jubilee  year ;  (c)  by  deducting  the 
amount  due.in  return  for  her  service  from  the  amount  paid  for  her; 
(d)  by  a  written  discharge;  (e)  at  the  demise  of  her  master;  (f)  by 
indications  of  puberty.  A  female  slave  can  be  sold  only  to  such  mas- 
ter who  can,  with  her  consent,  when  she  reaches  the  age  of  puberty, 
take  her  as  wife  himself,  or  give  her  in  marriage  to  his  son.  She  can 
not  be  sold  to  any  of  the  near  relatives  between  whom  marriage  is 
forbidden. 

The  slave  who  is  sold  by  authority  of  justice  must  not  remain 
in  the  service  of  his  master  longer  than  six  years.  If  he  refuses  to 
part  from  his  master,  his  ear  is  bored  with  an  awl,f  and  his  release 
comes  either  at  the  death  of  his  master,  or  at  the  approach  of  the  Jubilee 
year.  This  law  does  not  apply  to  one  who  sells  himself  into  slavery. 

The  sale  of  a  heathen  slave  is  public,  upon  a  block,  and  he  is 
transferred  from  one  owner  to  another  by  sale,  barter,  prehension, 
possession,  or  written  instrument.  He  is  freed  by  redemption,  written 
discharge,  or  by  having  lost  any  of  the  tewnty-four  major  members 
of  his  body  as  a  result  of  an  assault  by  his  master. 


t  The  borins  must  be  done  by  the  master  himself. 


GUIDE    OF    JUDAISM  157 

The  heathen  slave  was  the  property  of  the  master,  but  he  had  no 
right  to  accord  him  ill-treatments  .  Kindness  must  be  the  rule  of 
the  offspring  of  Abraham.  The  master  was  obliged  to  give  his  slave 
to  eat  the  same  food  he  ate  himself.  Moreover,  he  was  obliged  to 
teach  him  the  ways  of  God  and  endeavor  to  make  a  free  man  out  of 
him.* 

It  was  the  duty  of  every  Hebrew  to  redeem  a  Hebrew  who  had 
sold  himself  in  slavery  to  a  heathen.  In  every  instance  the  laws  of 
Judaism,  even  during  the  primative  days,  when  all  nations  were  en- 
tirely ignorant  as  to  the  meaning  of  law  and  order,  were  already 
established  on  a  basis  of  humanity  and  justice. 

CHAPTER  III. 


THE  LAWS  PERTAINING  TO  EMPLOYER  AND  EMPLOYEE, 

LOANS,   TRUSTEES,    DEBTOR   AND   CREDITOR,    WILLS 

AND   INHERITANCE,    AND    THE    RULES    OF    PRO- 

CEDURE   IN    CONNECTION    THEREWITH    ARE 

BASED  UPON  ELEVEN  MANDATORY  AND 

ELEVEN  PROHIBITIVE  COMMANDMENTS 

(i)  "If  a  man  deliver  unto  his  neighbor  an  ass,  or  an  ox,  or  a 
lamb,  or  any  beast  to  keep,"  etc.  (Exod.  xxii.  9.) 

(2-3)  "On  the  same  day  shalt  thou  give  him  his  wages,  that  the 
sun  may  not  go  down  upon  it"  (not  to  delay  it).  Deut. 
xxiv.  15.) 

(4-5-6)  "When  thou  comest  into  thy  neighbor's  vineyard,  thou 
mayest  eat  grapes  at  thy  own  pleasure,  till  thou  have 
enough  ;  but  into  thy  vessel  shalt  thou  not  put  any  .  .  . 

•  Judah  P.  Benjamin  was  legally  right  In  supporting  the  right  of  property  In  a 
slave,  but  he  was  wrong  as  to  the  duty  of  a  master  to  his  slave.  The  spirit  of  the 
law  of  slavery  in  Jewish  jurisprudence  was  to  take  In  the  semi-savages  of  amona 
civilized  society,  teach  them  to  know  that  life  belongs  to  God,  that  the  ultimata 
aim  in  life  is  to  serve  Him  who  is  the  only  Master.  But  to  maintain  the  right  of 
property  In  a  slave  even  after  he  knows  to  whom  his  life's  service  belongs  is  cer- 
tainly contrary  to  every  tradition  of  Jewish  jurisprudence.  See  Congrewlonll 
Record  of  the  United  States  of  America.  March  11.  1868. 


15g  GUIDE    OF    JUDAISM 

but  a  sickle  shalt  thou  not  move  over  thy  neighbor's 
standing  corn."     (Ibid,  xxiii.  25-26.) 

To  determine  the  responsibility  of  a  trustee,  it  is  necessary  to 
ascertain  the  primary  condition  under  which  he  assumed  charge  of 
the  property  at  issue.     To  that  end  trusteeship  is  divided  into  four 
distinct  classes:  (a)  unpaid  trustee  or  keeper;  (b)  a  borrower;  (c) 
paid  trustee;  (d)  lessee  or  hirer.     The  unpaid  trustee,  or  keeper,  if 
there    was    no    contributary    negligence,    upon    his    solemn    testimony 
thereto,  is  freed  from  any  responsibility,  if  the  property  left  in  his 
care  is  lost,  stolen,  or  destroyed  by  accident.     The  borrower  is  re- 
sponsible for  all  manner  of  loss.    The  paid  trustee,  or  lessee,  or  hirer, 
is  responsible  if  the  article  was  lost,  or  stolen,  but  not  if  it  was  de- 
stroyed  by   accident.    The  borrower,   however,   upon    establishing   the 
fact  that  the  article  in  his  care  was  destroyed  in  the  course  of  utilizing 
it  for  the  purpose  it  was  intended,  as,  for  example,  a  beast  which 
died  in  the  ordinary  course  of  a  day's  work,  is  released  from  any  re- 
sponsibility.    But  all  these  laws  are  restricted  to  moveable  effects, 
which  have  a  value  by  their  nature ;  but  it  does  not  include  immove- 
ables,  or  written  instruments,  which  bear  a  face  value  only.    If  there 
was  contributary  negligence,  the  paid  trustee,  lessee  or  borrower  must 
make  good  the  loss  of  any  kind  of  property.     In  all  instances  every 
trustee,  lessee,  borrower,  or  hirer  is  restricted  to  the  conditions  of  the 
contract  between  him  and  his  principal. 

An  employer  who  engages  labor  can  not  make  his  own  prices  or 
conditions.  All  regulations  regarding  labor,  in  any  given  locality, 
must  be  complied  with.  If  a  laborer  is  engaged  without  a  stipulated 
wage,  adjustment  is  made  on  the  basis  of  a  compromise  between  the 
maximum  and  minimum  prices  for  such  class  of  labor.*  A  laborer 
may  quit  work  even  in  the  middle  of  the  day,  and  his  employer  must 
pay  him  for  the  time  he  worked.  The  workman  is  permitted  to  eat 
of  the  fruit  which  he  was  hired  to  pick  or  gather.  If  such  fruit  is 
already  separated  from  the  tree  or  the  ground,  he  may  eat  of  it  while 

•  See  supra.  Employer  and  Employee. 


GUIDE    OF    JUDAISM 

working.     But  if  it  be  on  the  vine  or  the  stalk,  he  can  eat  thereof  only 
after  working  hours. 

A  lender  who  takes  pledges  to  secure  loans  is  considered  a  paid 
trustee,  and  is  judged  as  such  in  case  of  loss  of  the  article  so  pledged. 
Mechanics,  who  take  in  articles  to  repair,  or  goods  to  manufacture, 
are  also  considered  paid  trustees. 

The  wages  of  workingmen  must  be  paid  daily,  before  sunset.  It 
must  not  be  delayed.  In  case  of  dispute  between  employer  and  em- 
ployee, the  former  denying  that  he  owes  the  latter  any  wages,  the 
workingman's  oath  is  taken  in  preference  to  that  of  the  employer,  un- 
less he  can  not  establish  that  he  was  engaged  to  work.  The  same 
laws  are  applied  to  resident  foreigners. 

(7)  "And  if  a  man  borrow  aught  of  his  neighbor,  and  it  be  hurt 

or  die."  (Exod.  xxii.  13.) 

(8)  "If  a  man  do  deliver  unto  his  neighbor  money  or  vessels  to 

keep,  and  it  be  stolen,"  etc.     (Ibid.  6.) 

A  borroewd  animal  must  be  fed.  An  unpaid  trustee  can  not  offer 
the  price  of  the  article  without  taking  an  oath  that  it  is  not  in  his  pos- 
session, nor  under  his  control  unless  such  article  is  easily  procured, 
and  its  value  well  known. J 

(9-10)     "If  thou  lend  money  to  my  people,  to  the  poor  by  thee 
(shalt  thou  lend) ;  thou  shalt  not  be  to  him  as  a  lender  of 
money."    (Ibid.  xxii.  24.) 
(u)     "Of  a  foreigner  thou  mayest    exact    payment."     (Deut. 

xv.  3.) 
(12)     "Thou  shalt  not  go  into  his  house  to  take  his  pledge." 

(Ibid.  xxiv.  10.) 

(13-14)     "And  if  he  be  a  poor  man,  thou  shalt  not  lie  down  with 
his  pledge.    Thou  shalt  punctually  deliver  him  the  pledge 
again  when  the  sun  goeth  down."     (Ibid.  12-13.) 
(15)     "And  thou  shalt  not  take  in   pledge    the  raiment    of  a 
widow."     (Ibid.  17.) 

t  See  Supra  regarding  respective  responsibilities. 


160  GUIDE    OP    JUDAISM 

(16)  "No  man  shall  take  to  pledge  the  nether  or  the  upper  mill- 

stone."    (Ibid.  6.) 

(17)  "Thy  money  shalt  thou  not  give  him  upon  usury,  nor  lend 
him  thy  victuals  for  increase."     (Lev.  xxv.  37.) 

(18)  Thou  shalt  not  take  (give)  interest  from  (to)  thy  brother, 

interest  of  money,  interest  of  victuals,  interest  of  any- 
thing that  is  lent  upon  interest."    (Deut.  xxiii.  20.) 

(20)     "From  an  alien  thou  mayest  (must)  take  interest."  (Deut. 
xxiii.  21.) 

The  Jewish  debtor  was  never  considered  the  legal  slave  of  the 
creditor,  if  he  could  not  pay  him.*  In  collecting  a  debt,  the  movables 
must  be  discussed  and  disposed  of  first.  If  there  be  not  enough  realized 
to  satisfy  the  debt,  the  immovables  are  sold.  Imprisonment  for  debt 
is  also  unknown  in  Jewish  jurisprudence.*  The  furthest  it  went  was  to 
have  the  debtor  declare  under  oath  that  he  is  not  able  to  pay  the  debt, 
and  to  publish  a  notice  calling  upon  any  one  who  has  information  as 
to  the  assets  of  the  debtor  shall  appear  and  testify  to  that  effect. 
The  creditor  of  a  widow  could  never  have  in  his  possession  a  pledge 
belonging  to  her.  If  he  does  take  the  pledge  of  a  widow,  it  is  taken 
away  from  him  by  force ;  if  it  be  lost  or  burned,  he  is  flogged. 

(19)  "Thou  shalt  not  lay  upon  him  usury."    (Exod.  xxii.  24.) 

It  is  forbidden  to  receive,  give,  or  deal  in  usury.  The  money  paid 
out  in  usury,  even  with  the  consent  of  the  borrower,  is  taken  back 
from  the  lender.  A  robber  and  a  usurer  are  alike,  both  must  make  res- 
titution. If  either  come  forward  voluntary  and  beg  to  receive  the 
amount  robbed,  or  taken  in  usuary,  it  is  unwise  to  accept  it  and  open 
the  gates  of  repentence  so  easily.  No  one  can  collect  usury  upon  a 
note.  One  who  writes  a  usurious  instrument  admits  his  own  dis- 
belief in  God. 

t  See  Supra,  Servants  and  Slavery. 

•  P.  P.  Walton,  In  his  "Introduction  to  Roman  Law,"  is  wrong  In  asserting  that 
"the  servitude  of  debtors  was  admitted  by  the  Jewish  Law,"  p.  203.  II  Kings. 
IV.I  Isaiah  1.  1,  and  Nehemlah  v.  8,  which  he  quotes  in  a  foot-note  to  support  his 
assertion  refer  to  heathen  creditors,  as  is  plainly  indicated  in  the  text. 

t  It  was  mandatory  to  aid  a  Jewish  debtor  who  was  seized  by  a  heathen 
creditor,  which  is  the  highest  form  of  Pidyon  Shebuyim. 


GUIDE    OF    JUDAISM  161 

It  is  forbidden  to  lend  money  without  interest  to  heathens,  who 
themselves  charge  usury,  and  who  do  not  look  upon  usury  as  some- 
thing unworthy  among  a  civilized  people.  The  principle  being  the 
same  as,  for  example,  the  custom  laws  of  the  modern  nations.  The 
tariff  of  every  nation  being  regulated  by  either  preferential  or  retalia- 
tory measures.  It  is  permitted  to  borrow  money  from  a  heathen  and 
pay  him  usury;  but  it  is  forbidden  to  hand  over  money  to  a  heathen 
so  that  he  may  lend  it  to  a  Jew.  Historically,  it  is  a  fact  that  in  pay- 
ing back  a  debt  to  a  Jew  discrimination  was  invariably  made  even 
during  comparatively  recent  times.}  Maimonides  certainly  entered 
not  only  in  the  letter,  but  in  the  spirit  of  this  law  in  numbering  usury- 
taking  of  aliens  as  a  mandatory  commandment,  which  was  the  foundation 
of  the  principles  of  international  tariff. 

An  unsecured  loan  is  collectible  from  all  manner  of  property  the 
debtor  might  possess.  But  a  loan  secured  by  immovables,  as  hy- 
pothecs, can  be  collected  only  from  the  property  which  forms  the 
basis  of  the  security.  Mortgage  creditors  collect  their  debts  on  the 
principle  of  priority.  But  such  mortgages  can  be  placed  on  immov- 
ables only.  Movables  may  be  seized  by  any  creditor. 

(21)  "This  is  it,  before  the  judges  shall  come  the  cause  of  both 
parties."  (Exod.  xxii.  8.) 

This  commandment  is  the  basis  of  the  laws  of  procedure.  By  the 
laws  of  the  Torah  there  are  three  kinds  of  defendants  whose  oath  is 
taken  and  judgment  rendered  in  their  favor:  (a)  one  who  partially 
admits  the  claim  of  the  plaintiff;  (b)  a  trustee;  (c)  one  against  whom 
there  was  the  testimony  of  a  single  witness.  Added  to  these  is  one 
who  makes  a  complete  denial.  In  all  other  cases,  such  as  working- 
men,  injured  persons,  or  persons  suffering  a  loss  resulting  from  destruc- 
tion of  written  instruments,  the  plaintiffs  are  believed  on  their  oath,  and 
judgment  is  rendered  in  their  favor.  But  these  rules  are  followed  only 
when  the  subject  at  issue  is  concerning  movable  effects.  It  also  fol, 
lows  that  if  any  of  these  refuse  to  take  oath,  judgment  is  rendered  in 
favor  of  the  opposition. 


t  See  Magna  Charta,  paragraphs  10-11. 


162  GUIDE    OF    JUDAISM 

If  two  witnesses  testify  against  one  that  he  had  committed  any 
act  which  affects  his  moral,  or  religious  conduct,  for  example,  that 
he  is  a  usurer,  gambler,  or  robber,  he  loses  his  right  of  being  believed 
on  oath,  and  judgment  is  rendered  in  favor  of  the  opposition.  If  both 
parties  to  an  action  are  not  to  be  believed,  judgment  is  rendered  in 
favor  of  the  plaintiff.  Admission  in  part  must  be  on  the  subject  at 
issue,  and  the  claim  must  be  made  definite  as  to  measure,  number, 
weight  or  amount.  In  all  matters  the  testimony  of  two  witnesses 
forms  the  basis  of  a  decision,  all  other  rules  notwithstanding. 

It  is  always  to  be  presumed  that  movables  are  the  property  of 
the  one  who  is  in  possession  thereof.  To  establish  ownership  by  one 
not  in  possession  requires  two  witnesses  who  know  that  the  one  in 
possession  is  not  the  actual  owner  thereof.  In  the  absence  of  such 
testimony  the  defendant  has  the  right  to  take  oath  and  thereby  establish 
his  title  thereto.  But  this  law  does  not  apply  to  mechanics  or  manufac- 
turers who  take  in  goods  to  repair  or  make  up  new  effects,  the  pre- 
sumption always  being  in  favor  of  plaintiff.  An  unbranded  animal  at 
large,  if  its  erstwhile  owner  is  known,  the  presumption  is  not  that  it  is 
the  property  of  the  one  who  is  in  possession.  But  the  contrary  is  the 
rule  with  an  animal  belonging  to  a  flock  or  herd  under  the  care  of  a 
shepherd. 

Ownership  in  property  does  not  follow  possession.  However, 
three  years'  peaceful  possession  and  enjoyment  of  accession  will  estab- 
lish a  presumption  in  favor  of  the  defendant,  and  if  plaintiff  cannot  es- 
tablish his  ownership  by  two  witnesses,  defendant's  oath  is  believed.  A 
written  protest  during  the  three  years,  or  in  times  of  war,  when  com- 
munication is  impossible,  even  if  there  be  no  protest,  the  presump- 
tion is  in  favor  of  the  plaintiff.  Workingmen,  lessees,  partners,  admin- 
istrators, tutors,  a  husband  on  his  wife's  estate,  or  a  wife  on  her  hus- 
band's estate  are  not  presumed  to  be  the  owners  of  an  immovable,  al- 
though they  enjoyed  peaceful  possession  and  accessions  thereof  for 
three  consecutive  years. 


GUIDE    OF    JUDAISM  163 

(22)     "If  a  man  die,  and  have  no  son,  then  shall  ye  cause  his  in- 
heritance to  pass  unto  his  daughter."     (Num.  xxvii.  8.) 

This  commandment  forms  the  basis  of  the  laws  of  inheritance. 
Kinship  for  the  purpose  of  inheritance  is  established  through  the 
father  only.*  The  preferred  heir  is  from  the  male  line  of  both,  de- 
scendants and  ascendants.  A  dead  son's  daughter  will  inherit  the 
whole  estate  in  preference  to  a  living  daughter.  If  one  has  no  de- 
scendants, his  estate  is  inherited  by  the  first  male  ascendant,  who  is 
the  father  of  the  deceased.  If  the  father  of  the  deceased,  too,  be 
dead,  the  estate  goes  to  deceased's  brothers  or  their  male  descendants. 
If  there  be  no  brothers,  it  goes  to  deceased's  sisters  or  their  male  de- 
scendants. If  there  be  none,  it  goes  to  his  ascendants  of  the  second 
degree  in  the  male  line,  who  is  his  grandfather.  If  his  grandfather, 
too,  be  dead,  it  goes  to  his  father's  brothers  or  their  male  descendants. 
If  there  be  none,  the  inheritance  reverts  back  to  the  nearest  male 
ascendant,  or  his  male  line.  A  wife  does  not  inherit  her  husband, f 
but  a  husband  is  the  sole  heir  of  his  wife.  An  illegitimate  son  or 
brother|  of  any  woman  with  whom  marriage  is  forbidden,  takes  an  equal 
share  with  the  legitimate  heirs. 

The  first-born  son,  born  during  the  lifetime  of  the  father,  inherits 
two  shares  of  his  father's  estate,  which  was  his  inter-vivos.  For  ex- 
ample, a  man  dies  and  leaves  five  sons,  the  first-born  takes  one-third 
of  the  whole  estate,  and  each  brother  takes  one-sixth ;  if  he  left  nine 
sons,  the  first-born  takes  one-fifth,  and  each  of  the  eight  one-tenth. 

The  first-born  within  the  meaning  of  this  law  is  the  first  son  to 
his  father.  A  first-born  son  does  not  take  two  shares  of  his  mother's 
estate,  but  the  division  is  made  equally  among  the  brothers  or  their 
heirs.  Any  increase  in  a  father's  estate  after  death  is  divided  equally 
between  all  lawful  heirs,  and  the  first-born  does  not  get  two  shares 
therein. 


*  No  plainer  evidence  against  the  theory  of  Totemism  among  the  early  Hebrews 
is  needed.     See  Supra,  Forbidden  Food, 
t  See  Supra,  Marriage. 
}  But  not  a  son  of  a  heathen  female  servant  or  of  a  heathen  free  woman. 


164  GUIDE    OF    JUDAISM 

A  doubtful   heir  cannot  deprive   the   positive   heir  of  even  the 
smallest  fraction  of  an  estate.     If  two  doubtful  heirs  lay  claim  to  an 
otherwise  vacant  estate,  it  is  evenly  divided  between  them.     A  man 
cannot  appoint  an  heir  not  within  the  direct  line  of  inheritance,  nor 
can  he  deprive  the  lawful  heir  of  his  right  to  get  his  share  in  the 
estate.    But  a  man  may  deed  his  estate  during  his  lifetime  by  donating 
it  to  any  one  whom  he  might  choose.    A  convert  is  a  lawful  heir.    A 
proselyte  from  among  the  heathens,  if  his  father  be  a  resident  of  the 
Jewish  State,  may  inherit  his  father,  but  none  other  of  his  heathen 
relatives.     It  is  considered  unwise,  although  not  unlawful,  for  any 
father  to  disinherit  a  child,  or  give  a  favorite  son  more  than  the  others. 
The  heathen  father  does  not  inherit  his  proselytized  son,  because  he  is 
not  at  all  subject  to  either  the  rigor  or  benefit  of  the  Jewish  laws. 
Before  heirs  are  permitted  to  make  the  division  of  an  estate,  they 
must  produce  positive  proof  that  the  testator,  or  intestate,  as  the  case 
might  be,  is  dead.    Mere  news,  or  the  innocent  statement  of  a  heathen, 
although  sufficient  evidence  to  permit  a  woman  to  remarry,  is  not  the 
best  evidence  to  divide  an  estate,  and  no  estate  can  be  divided  on 
secondary  evidence.    On  the  other  hand,  an  estate  may  be  divided  on 
circumstantial   evidence,   although    insufficient   in    itself   to    release   the 
bonds  of  matrimony.    Administrators,  tutors,  or  trustees  of  interdicted 
persons,  or  of  absentees,  must  be  of  full  age.    Tutors  for  minors  must 
not  be  relatives  who  share  the  inheritance  with  them.    If  after  divid- 
ing an  estate,  the  testator's  creditor  seized  the  share  of  one  heir,  a  re- 
division  must  take  place,  even  if  the  share  so  seized  consisted  of  only 
movable  effects.     A  tutor  appointed  by  law,  at  the  maturity  of  the 
minors,  turns  over  the  estate  without  having  to  account  for  every 
item  of  expenditure  or  income,  but  he  must  take  oath  that  he  turns 
over  all  that  belongs  to  the  estate.     A  tutor  or  executor  appointed  by 
the  testator  in  his  will  is  not  required  to  take  such  oath.    But  in  either 
case  it  is  advisable  for  an  executor  or  tutor  to  have  an  account  kept 
of  expenditure  and  income. 


GUIDE    OF    JUDAISM  165 

CHAPTER  IV. 


THE   LAWS    REGULATING    AND    DEFINING    THE    POWERS 

VESTED  IN  THE  SANHEDRIN  AND  THE  JUDICIARY 

ARE  BASED   UPON  TEN   MANDATORY  AND 

TWENTY  PROHIBITIVE  COMMANDMENTS 

(1)  "Judges  and  officers  shalt  thou  appoint  unto  thyself  in  all 

thy  gates,"  etc.     (Deut.  xvi.  18.) 

(2)  "Ye  shall  not  respect  persons  in  judgment."    (Ibid.  i.  17.) 
The    legislative    and    judiciary    branches    of    the    government    of 

Judaea  are  organized  on  the  following  plan:  The  Great  Sanhedrin, 
which  has  both  judicial  and  legislative  powers,  consist  of  seventy- 
one  members,  selected  from  among  the  most  learned  priests,  Levites 
and  Israelites.  A  member  of  the  Sanhedrin  is  obliged  to  know  the 
current  sciences,  arts,  languages  and  the  different  systems  of  idolatry 
and  superstition  practiced  by  the  surrounding  nations,  so  that  in  try- 
ing an  accused,  or  in  passing  judgment  upon  a  subject  he  may  know 
all  phases  thereof.  An  extremely  old  man,  or  one  who  had  no  children, 
is  not  elected  to  the  Sanhedrin,  on  the  ground  that  such  man  has  less 
mercy  than  one  who  is  a  father  of  a  family,  and  not  very  long  since 
he  had  to  raise  it.  The  most  learned  of  among  the  members  is  elected 
President  —  Nashi;  and  the  next  in  wisdom  to  the  Nashi  is  elected 
Vice-President  —  Ab-Beth-Din.  The  Assembly  Hall  of  the  Sanhedrin 
is  in  the  Temple  (Lishkat  Hagozit).  Twenty-three  members  consti- 
tute a  quorum.  Every  member  of  the  Sanhedrin  must  be  ordained  by 
at  least  three  ordained  members.  After  being  examined,  it  is  suffi- 
cient that  three  Masters  confer  upon  him  the  degree  of  Rabbi.  It 
thus  follows  that  in  conferring  degrees  in  such  manner,  every  member 
of  the  Sanhedrin  can  trace  his  authority  to  Moses,  who  ordained  Joshua, 
by  whom  the  Elders  were  ordained,  who,  in  turn,  ordained  the  Prophets, 
by  whom  the  Men  of  the  Great  Assembly  were  ordained,  three  of  whom 
had  to  ordain  each  member  of  the  Sanhedrin.  The  Sanhedrin  have  the 


166  GUIDE    OF    JUDAISM 

power  to  make  wars  of  conquest ;  to  elect  a  king ;  to  appoint  the  smaller 
Sanhedrin  in  every  city  among  every  tribe ;  to  judge  a  High-Priest ;  or 
a  whole  tribe ;  to  investigate  an  unsolved  murder ;  to  order  the  destruc- 
tion of  a  misled  city ;  to  punish  a  false  prophet ;  or  a  suspected  woman : 
to  establish  the  limits  of  the  city,  and  the  number  of  courts — Lishkot — 
within  the  Temple.  In  addition  to  the  Sanhedrin  of  seventy-one,  there 
are  two  smaller  bodies — Sanhedrey-Ketanah,  each  consisting  of  twenty- 
three  members ;  one  sitting  in  the  Asarah,  and  the  other  at  the  entrance 
of  the  Mount-Moriah.  All  tribunals  in  the  provincial  cities  consist  of 
twenty-three  members,  unless  the  population  of  the  place  has  less  than 
one  hundred  and  twenty  adult  men,  or  it  has  no  two  learned  men  within 
its  limits,  when  a  Beth-Din  of  three  members  is  appointed.  The  order  of 
promotion  to  the  different  tribunals  is  as  follows:  delegates  are  sent 
throughout  Judaea  to  find  the  most  learned  men.  These  are  given  places 
among  the  Sanhedrin  of  the  provincial  cities.  The  most  learned  of  among 
the  Sanhedrey  Ketanah  of  the  provincial  cities  are  promoted  to  the  Sanhe- 
drey  Ketanah  which  sits  at  the  entrance  of  Mount  Moriah.  From  among 
the  latter  selections  are  made  to  fill  vacancies  in  the  Sanhedrey  Ketanah 
which  sits  at  the  Azarah,  and  from  that  body  members  are  selected  to 
fill  vacancies  in  the  Great  Sanhedrin.  A  king  is  never  a  member  of  the 
Sanhedrin.  But  the  kings  of  the  House  of  David  preside  at  the  sessions 
of  the  Sanhedrin,  and  render  judgments.  Kings  of  the  House  of  David 
are  judged  by  the  Sanhedrin.  Every  member  of  the  Sanhedrin  must  be 
free  from  any  bodily  deformities,  or  diseases.  It  is  forbidden  to  appoint 
any  judge  who  is  not  fit  for  the  office.  In  smaller  communities  where 
there  is  no  Sanhedrey  Ketanah,  and  the  judiciary  is  represented  by  three 
judges,  such  judges  must  be  ordained. 

(3-4-5)  "Thou  shalt  not  follow  a  majority  (multitude)  to  do  evil; 
neither  shalt  thou  speak  in  a  cause,  to  incline  after  many,  to 
wrest  judgment."  (Exod.  xxiii.  2.) 

According  to  the  interpretation  given  to  this  passage,  ft  contains 
three  distinct  commandments;  (a)  to  follow  and  carry  out  the  decision 
of  a  majority ;  (b)  not  to  change  an  opinion  merely  because  a  majority 
bslieves  otherwise;  (c)  not  to  follow  the  opinion  of  a  majority  to  con- 


GUIDE    OP    JUDAISM  167 

clemn  the  accused  without  being  convinced  of  his  guilt.  In  all  civil  and 
religious  matters  one  more  on  either  side  is  considered  a  majority.  In 
capital  cases,  which  are  always  tried  by  a  Sanhedrin  of  twenty-three,  a 
majority  of  two  is  required.  A  judgment  in  civil  matters  might  be  ren- 
dered on  the  day  of  the  trial;  but  in  capital  cases  the  decision  must  not 
be  rendered  till  the  day  after.  It  is,  therefore,  forbidden  to  begin  a 
capital  case  on  a  Friday,  or  on  the  eve  of  a  holiday,  as  no  sentence  can 
be  pronounced  on  either  a  Sabbath  or  a  holiday.  If  the  Great  Sanhedrin 
hands  down  a  unanimous  decision  of  guilty,  the  accused  is  freed.  Some 
one  must  act  on  his  behalf,  and  defend  him.  Justice  must  never  resemble 
a  conspiracy. 

(6-7-8-9)  "He  that  smiteth  a  man  so  that  he  die,  shall  surely  be  put 
to  death/'  (Exod.  xxi.  12.)  "It  (the  death)  shall  surely 
be  avenged."  (Ibid.  — .  20.)  "In  fire  shall  they  burn  him 
and  them."  (Lev.  xx.  14.)  "And  ye  shall  stone  them  with 
stones  that  they  die."  (Deut.  xxii.  24.)  • 

There  are  four  different  forms  of  capital  punishment  in  Jewish  juris- 
prudence: (a)  stoning;  (b)  burning;  (c)  beheading;  (d)  strangulation. 
No  capital  punishment  is  carried  out  unless  it  has  the  sanction  of  a  ma- 
jority of  the  Great  Sanhedrin,  assembled  in  its  Court  in  the  Temple  at 
Jerusalem.  Eighteen  different  crimes  are  punished  with  stoning;  ten 
with  burning ;  two  with  beheading ;  and  six  with  strangulation. 

(10-11-12)  "And  if  a  man  have  committed  a  sin  for  which  there  is 
a  punishment  of  death,  and  he  be  put  to  death,  thou  shalt 
hang  him  on  a  tree.  Then  shall  his  body  not  remain  all 
night  on  the  tree ;  thou  shalt  surely  bury  him  on  that  day." 
(Ibid.  xxi.  22-23.) 

Hanging  the  corpse  of  a  stoned  criminal  as  an  example,  is  done  only 
when  such  criminal  had  committed  either  blasphemy  or  idolatry.  It 
must  never  be  done  to  the  remains  of  a  stoned  woman. 

(13)     "Thou  shalt  not  suffer  a  witch  to  live."     (Exod.  xxii.  17.) 
The  dark  deeds  of  the  witch  are  apt  to  mislead  many  and  bring  about 
idolatry  and  superstition.     The  purity  of  Jewish  civilization  must  be 


168  GUIDE    OF    JUDAISM 

maintained.  But  a  witch  is  not  stoned  without  the  sanction  of  a  majority 
of  the  Great  Sanhedrin  assembled  in  its  chambers  at  the  Temple,  after 
due  warning. 

(14-15)  "Forty  stripes  may  be  given  him;  no  more,  so  that  he 
shall  not  exceed  to  have  him  beaten  above  these  with  too 
many  stripes,"  etc.  (Deut.  xxv.  3.) 

Flogging  is  a  common  punishment  in  Jewish  jurisprudence.  Forty 
stripes  is  the  maximum,  but  it  is  never  carried  that  far.  The  judges 
give  the  orders  to  carry  out  the  sentence  according  to  the  physical 
strength  of  the  guilty  person.  Thirty-nine  lashes  is  the  established  maxi- 
mum, lest  the  fortieth,  which  is  the  utmost  a  strong  person  can  stand, 
will  prove  fatal.  They  that  are  punished  with  flogging,  as  in  all  other 
criminal  cases,  must  first  be  warned  not  to  commit  the  offence.  The  sins 
and  crimes  which  are  punished  by  flogging  are  divided  in  three  branches  : 
(a)  sins  which  carry  along  the  moral  punishment  of  Koret,  but  which 
also  carry  along  the  punishment  of  flogging,  are  twenty-one;  (b)  sins 
which  carry  along  the  punishment  of  moral  death — Mitah-Bidey  Shoma- 
yim,  but  which  are  of  an  active  nature,  and,  therefore,  punished  by  flog- 
ging, are  eighteen;  (c)  sins  which  carry  along  the  punishment  of 
flogging  only,  are  one  hundred  and  sixty-eight.  Among  the  latter  is 
included  the  flogging  of  a  King  who  is  found  guilty  of  either  having  too 
many  wives,  too  many  horses,  or  too  much  gold  and  silver. 

(16-17-18-19-2021-22-23-24-25-26-27)  "And  him  who  hath  been 
declared  innocent  and  righteous  thou  shalt  not  slay." 
(Exod.  xxiii.  7.)  "But  unto  the  damsel  shalt  thou  not  do 
anything,"  etc.  (Deut.  xxii.  26.)  "Thout  shalt  not  look 
with  pity  on  him. '  (Ibid.  xix.  13.)  "Neither  shalt  thou 
countenance  a  poor  man  in  his  cause."  (Exod.  xxiii.  3.) 
"Nor  honor  the  person  of  the  great."  (Lev.  xix.  15.) 
"Thou  shalt  not  wrest  the  judgment  of  thy  poor  in  his 
cause."  (Exod.  xxiii.  6.)  "Ye  shall  do  no  unrighteous- 
ness in  judgment."  (Lev.  xix.  15.)  "Thou  shalt  not  per- 
vert the  cause  of  the  stranger,  or  of  the  fatherless."  (Deut. 


GUIDE    OF    JUDAISM  169 

xxiv.  17.)  "In  righteousness  shalt  thou  judge  thy  neigh- 
bor." (Lev.  xix.  15.)  "Ye  shall  not  be  afraid  of  any  man  ; 
for  the  judgment  belongeth  to  God."  (Deut.  i.  17.)  "And 
thou  shalt  take  no  bribe,"  etc.  (Exod.  xxiii.  8.)  "Thou 
shalt  not  receive  a  false  report."  (Ibid.  I.) 

The  text  of  the  Torah  is  clear  regarding  the  duties  of  judges.  No 
accused  must  be  condemned  on  mere  presumption.  The  benefit  of  the 
doubt  always  goes  to  the  accused.  His  guilt  must  be  established  by  clear 
evidence.  No  one  can  be  adjudged  guilty  who  was  forced  to  share  in  a 
crime,  as  an  assaulted  woman.  It  is  always  commendable  to  arbitrate  be- 
tween parties  who  come  with  a  civil  matter  before  the  court.  No  favorit- 
ism, or  prejudice,  must  be  shown  on  account  of  position,  wealth,  pov- 
erty or  defenselessness.  The  judge  who  accepts  a  bribe  stands  accursed. 
A  judge  can  not  preside  over  a  trial  where  one  of  the  parties  is  either 
his  relative,  even  by  marriage,  or  his  personal  friend.  The  judges  among 
themselves  must  not  be  enemies,  if  they  are  to  preside  together  to  try 
cases.  The  entire  police  force  is  at  the  disposal  of  the  judges  to  enforce 
their  decisions.  The  judge's  powers  are  great.  But  he  must  not  act 
arrogantly  toward  his  fellows.  The  conduct  of  a  judge  must  be  moder- 
ate, honorable,  retired,  and  peaceful.  Writs  of  contempt  are  issued 
against  any  one  who  refuses  to  appear  upon  a  subpoena — Star-Pit  ha. 
Subpoenas  in  civil  cases  are  not  issued  during  the  month  of  Nissan  and 
Tishra,  when  everybody  is  busy  with  the  holidays. 

(28-29-30)  "Thou  shalt  not  curse  the  deaf."  (Lev.  xix.  14.)  "The 
judges  thou  shalt  not  revile,  and  a  ruler  among  thy  people 
thou  shalt  not  curse." 

Libeling,  or  defaming  any  one  is  forbidden.  The  term  "deaf"  in- 
cludes any  one  who  is  defamed  or  libeled  by  the  evil  words,  written  or 
oral,  of  a  fellow.  Libel  is  a  more  serious  crime  when  directed  against 
persons  in  authority. 


17Q  GUIDE    OF    JUDAISM 

CHAPTER   V 

nvry 


THE  LAWS  OF  EVIDENCE,  OBEDIENCE  TO,  AND  REBELLION 

AGAINST,  CONSTITUTED  AUTHORITY,  OF  KINGS  AND 

WARS  APE  BASED  UPON  SIXTEEN  MANDATORY 

AND  TWENTY-FOUR  PROHIBITIVE 

COMMANDMENTS 

'(1-2-3-4-5-6-7-8)     "And  he  is  a  witness,  since  he  hath  either  seen 

or  knoweth  something;  if  he  do  not  tell  it,  he  shall  thus 

bear  his  iniquity."     (Lev.  v.  I.)     "Then  shalt  thou  inquire, 

and  make  search,  and  ask  dilligently,  and  behold  if  it  be 

true,  the  thing  is  certain."     (Deut.  xiii.   15.)     "But  one 

witness  shall  not  testify  against  any  person  to  cause  him  to 

die."     (Num.  xxxv.  30.)     "There  shall  not  rise  up  one 

single  witness  against  a  man  for  any  iniquity,"  etc.     (Deut. 

xix.   15.)     "Put  not  thy  hand  with  the  wicked  to  be  an 

unrighteous  witness."     (Exod.  xxiii.   I.)     "Fathers  shall 

not  be  put  to  death  on  account  of  (the  testimony)  the  chil- 

dren; neither  shall  children  be  put  to  death  on  account  of 

the  fathers."      (Deut.  xxiv.   16.)      "Thou  shalt  not  bear 

false  witness  against  thy  neighbor."     (Exod.  xx.  16,  Deut. 

v.  17.)     "Then  shall  ye  do  unto  him  (the  false  witness)  as 

he  purposed  to  do  unto  his  brother."    (Ibid.  xix.  19.) 

A  witness  may  be  compelled  to  testify.    The  exceptions  are  ;  a  great 

scholar  is  excused  to  appear  as  witness  in  civil  matters  before  ordinary 

three  judges,  and  the  High-Priest  gives  testimony  to  matters  pertaining 

to  the  king.  only.     The  examination  and  cross-examination  of  witnesses 

is  mandatory.    On  the  main  points  of  fact  in  a  case  both  witnesses  must 

make  positive  statements.    If  one  will  state  that  he  does  not  remember  a 

vital  point  the  case  is  dismissed.     But  in  cross-examination,  if  even  both 

witnesses  fail  to  remember  a  certain  thing,  their  main  evidence  stands. 

Any  contradictory  evidence  between  the  two  will  free  the  accused,  the  fact 


GUIDE    OF    JUDAISM  171 

that  such  contradiction  did  not  take  place  during  the  examination-in-chief 
notwithstanding.  If  there  are  three  witnesses  in  a  case,  two  of  whom 
agree,  but  the  third  contradicts  their  testimony  by  positive  statements, 
the  entire  evidence  is  thrown  out.  In  civil  matters,  so  long  the  witnesses 
agree  on  the  main  points  at  issue,  as  for  example,  the  debt  itself,  con- 
tradictions in  detail  will  not  aid  the  defendant.  Testimony  must  be  given 
by  the  witnesses  in  person.  However,  their  written  deposition  may  be 
admitted  in  civil  matters. 

No  evidence  is  accepted  unless  it  be  given  in  the  presence  of  the  par- 
ties concerned  in  the  action.  But  a  written  deposition  may  be  taken  by 
the  judge  in  the  absence  of  the  parties.  Only  witnesses  who  actually  saw, 
and  who  appear  together,  are  permitted  to  testify  in  capital  cases.  They 
must  also  have  seen  one  another  while  the  alleged  murder  or  other  capital 
crime  was  committed.  Testimony  of  one  witness  is  admitted  concerning 
an  unsolved  murder,  so  as  not  to  have  to  break  the  neck  of  a  heifer,  or 
concerning  a  suspected  woman,  to  save  her  from  taking  the  "bitter 
waters,"  or  concerning  the  death  of  an  absentee,  to  release  his  wife  from 
the  bonds  of  marriage  and  permit  her  to  remarry.  But  in  no  other 
case.  Witnesses  to  a  written  instrument  must  conform  to  all  regula- 
tions concerning  evidence.  A  relative  can  not  be  a  witness  to  a  docu- 
ment. Identification  of  signatures  of  written  instruments  must  be  estab> 
lished  by  a  board  of  three  witnesses,  even  they  be  ordinary  people.  Pro 
ceedings  of  identifications  do  not  take  place  at  night.  There  are  five  way* 
in  which  identification  can  be  established ;  (a)  when  the  judges  know  the 
signature;  (b)  by  asking  the  witnesses  to  sign  in  presence  of  the  court; 
(c)  by  having  each  witness  Identify  his  signature  in  court;  (d)  by  hav- 
ing the  testimony  of  witnesses  that  they  know  the  signature;  (e)  by  com- 
paring the  document  in  question  with  other  documents  whereon  the  sig- 
nature of  the  same  persons  appear.  A  relative  might  be  a  witness  to 
identify  an  instrument,  if  he  has  one  other  witness  to  corroborate  him. 
One  may  testify  from  the  memory  of  his  childhood  as  to  the  signature 
of  his  father,  tutor  or  brother.  There  are  ten  different  persons  whose 
testimony  is  not  admitted:  women,  slaves,  minors,  idiots,  deaf-mutes, 


172  GUIDE    OF    JUDAISM 

blind,  wicked,  shameless,  relatives,  and  interested  parties.  Women  are 
not  accepted  as  witnesses  because  of  the  language  of  the  Torah,  which 
speaks  in  masculine  terms. 

If  an  alibi  is  proven  against  witnesses  upon  whose  testimony  a  con- 
viction is  based,  their  punishment  is  made  to  fit  the  crime.  They  are 
given  measure  for  measure  in  the  most  literal  sense.  As  they  have  in- 
tended against  their  fellow,  so  must  it  be  done  to  them.  But,  if  their 
testimony  is  discovered  to  be  false  before  sentence  was  pronounced,  or 
after  execution,  or  if  only  the  testimony  of  one  of  them  is  false,  the  law 
has  no  remedy  for  redress.  What  was  done  can  not  be  undone.  But  if 
the  sentence  was  less  than  capital  punishment,  even  after  sentence  was 
carried  out,  they  are  punished  with  the  identical  sentence  pronounced  be- 
cause of  their  testimony. 

(9-10-11-12-13-14-15-16-17)  "In  accordance  with  the  instructions 
which  they  may  instruct  thee,  and  according  to  the  decision 
which  they  may  say  unto  thee,  shalt  thou  do ;  thou  shalt 
not  depart  from  the  sentence  which  they  may  tell  thee,  to 
the  right,  or  to  the  left."  (Deut.  xvii.  n.)  "Thou  shalt 
not  add  thereto,  and  thou  shalt  not  diminish  therefrom." 
(Ibid.  xiii.  I.)  "For  every  one  whatever  curseth  his  father 
or  his  mother  shall  be  put  to  death."  (Lev.  xx.  9,  Exod. 
xxi.  17.)  "And  he  that  smiteth  his  father,  or  his  mother, 
shall  surely  be  put  to  death."  (Ibid.  xxi.  15.)  "Honor 
thy  father  and  thy  mother."  (Ibid.  xx.  12,  Deut.  v.  16.) 
"Ye  shall  fear  every  man  his  father  and  his  mother." 
(Lev.  xix.  3.)  "Ye  shall  not  eat  upon  the  blood."  (Ibid. 
-.  26.) 

All  legislative  powers  are  vested  in  the  Great  Sanhedrin  of  the 
Temple  at  Jerusalem;  and  upon  it  rests  the  entire  structure  of  justice. 
It  is  mandatory  to  follow  the  decisions  and  carry  out  the  judgments  of 
the  Sanhedrin.  Its  authority  is  supreme.  Traditional  laws  can  not  be- 
come subjects  of  controversy.  In  every  matter  where  a  dispute  arises,  it 
is  known  not  to  belong  to  Jewish  tradition.  Written  laws  are  followed 


GUIDE    OF    JUDAISM  173 

in  the  manner  interpreted  by  the  Sanhedrin  or  by  a  majority  thereof. 
Xo  law  can  be  left  in  doubt  when  the  Sanhedrin  are  in  existence.  All 
authority  of  the  lesser  judicial  bodies  is  derived  from  the  Sanhedrin,  and, 
therefore,  subject  to  the  same  obedience.  A  Beth-Din,  which  is  com- 
posed of  three  members,  may  enact  timely  rules  for  the  welfare  of  their 
•  community. 

Infidels  are  considered  such  when  they  deny  the  authority  of  the 
laws  as  interpreted  by  the  Sanhedrin,  which  is  considered  Oral  Law  in 
Judaism — Torah-shc-Baal-Pch.  Buf  this  includes  only  the  leaders  among 
infidels.  The  young,  who  found  established  sects  of  infidels,  such  as  the 
Karaites,  Seducees,  or  present-day  Reformers,  are  not  blameable,  and  it 
is  mandatory  to  bring  them  back  to  Judaism.  They  are  simply  misled. 

If  an  ordained  member  of  the  lesser  judiciary  bodies,  or  of  the  San- 
hedrin itself,  will  defy  the  authority  of  the  Sanhedrin,  and  interpret  the 
law  different  than  its  decisions,  although  he  does  not  deny  the  authority 
of  the  Torah-she-Baal-Peh.  is  pronounced  a  Zakan-Mamra,  a  rebellious 
elder,  and  is  punished  with  death  in  accordance  with  the  law  prescribed 
in  Deut.  xvii.  12.  But  a  Zakan-Mamra  must  be  judged  by  the  Sanhedrin 
itself,  and  is  put  to  death  only  after  he  personally  heard  the  law  decided 
by  the  Sanhedrin,  and  then  continued  to  be  rebellious. 

A  proselyte  is  forbidden  to  curse  or  smite  his  heathen  father  or 
mother.  One  whose  parents  are  most  wicked,  even  if  they  be  under  sen- 
tence of  death  for  unspeakable  crimes,  must  not  curse  or  smite  them. 
An  officer  of  the  court  is  forbidden  to  carry  out  any  sentence  against  his 
parents.  Kibud-Ab-io-Ame  has  no  boundary-line.  There  is  no  limit  to 
the  honor  due  to  parents.  But  the  command  of  a  parent  to  disregard  any 
of  the  laws  of  God  must  not  be  obeyed  for,  both,  father  and  son  must 
observe  the  laws  of  God. 

A  rebellious  son  (Deut.  xxi.  18-21),  or  the  causes  leading  thereto,  is 
forewarned  in  the  To  rah,  when  it  says :  "Ye  shall  not  eat  upon  the  blood." 
The  interpretation  of  it  is — not  to  bring  about  blood-shed  by  gluttony.  It 
is  applicable  to  boys  only.  Tt  is  not  in  the  nature  of  girls  to  become  real 
gluttons.  If  a  sentence  has  to  be  carried  out  against  a  stubborn  and  re- 


174  GUIDE    OF    JUDAISM 

bellious  son,  the  fact  is  made  public  by  means  of  a  proclamation  to  all 
Israel — a  commendable  measure  to  check  gluttony. 

(18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39- 
40)  "Then  mayest  thou  indeed  set  a  king  over  thee  .  . 
thou  mayest  not  set  over  thee  a  stranger  who  is  not  thy 
brother."  (Ibid.  xvii.  15.)  "Only  he  shall  not  acquire  for 
himself  many  horses.  .  .  .  Neither  shall  he  take  to  him- 
self many  wives  .  .  .  nor  shall  he  acquire  for  himself  too 
much  silver  and  gold."  (Ibid.  — .  16-17.)  But  of  the 
cities  of  these  people  .  .  .  shalt  thou  not  let  live  a  single 
soul.  But  thou  shalt  utterly  devote  them"  (Ibid.  xx.  16- 
17.)  "Remember  what  Amalek  did  unto  thee  .  .  .  thou 
shalt  not  forget."  (Ibid.  xxv.  17-19.)  "Thou  shalt  blot 
out  the  remembrance  of  Amalek  from  under  the  heavens." 
(Ibid.)  "Ye  shall  henceforth  not  return  on  that  way  (to 
Egypt)  any  more."  (Ibid.  xvii.  16.)  "When  thou  comest 
nigh  unto  a  city  to  make  war  against  it,  then  summon  it 
with  words  of  peace."  (Ibid.  xx.  10.)  "Thou  shalt  not 
seek  their  peace  and  their  welfare  (Amon  and  Moab)  all 
thy  days,  for  ever."  (Ibid,  xxiii.  7.)  "Thou  shalt  not  de- 
stroy the  trees  thereof  (besieged  city)  for  of  them  thou 
mayest  eat."  (Ibid.  xx.  19.)  "And  a  place  shalt  thou  have 
without  the  camp  whither  thou  shalt  go  forth  abroad." 
(Ibid,  xxiii.  13.)  "And  a  spade  shalt  thou  have  with  thy 
weapons."  (Ibid.  — .  14.)  "And  it  shall  be,  when  ye  come 
nigh  unto  the  battle,  that  the  priest  shall  approach  and 
speak  unto  the  people."  (Ibid.  xx.  2.)  "Fear  not,  and  be 
not  downcast,  and  do  not  tremble  because  of  them."  (Ibid. 
— •  3-)  "When  a  man  hath  taken  a  new  wife,  he  shall  not 
go  out  to  war  ...  he  shall  be  free  for  his  house  one 
year,  and  shall  cheer  up  his  wife  whom  he  hath  taken." 
(Ibid.  xxiv.  5.)  "When  thou  goest  forth  to  war  .  .  . 
and  thou  seest  among  the  captives  a  woman  of  handsome 


GUIDE    OF    JUDAISM  175 

form  .  .  .  then  shalt  thou  bring  her  home  to  thy  house 
...  if  thou  have  no  delight  in  her,  then  shalt  thou  let  her 
go  whither  she  will ;  but  thou  shalt  nowise  sell  her  for 
money;  thou  shalt  not  make  a  servant  of  her."  (Ibid.  xxi. 
10-14.) 

The  fulfilment  of  three  commandments  had  to  precede  one  another. 
A  king  had  to  be  appointed  before  the  Amalekites  were  destroyed ;  and 
the  Amalekites  were  to  be  destroyed  before  the  Temple  could  be  built. 
A  king  is  elected  by  the  Sanhedrin,  presided  over  by  a  prophet.  A 
woman  could  not  succeed  to  the  Jewish  throne.  Deborah  was  not  a 
queen ;  she  judged  Israel,  and  instructed  them  in  the  ways  of  God.  Be- 
sides, whatever  powers  she  had,  came  to  her  by  divine  authority.  No 
descendant  of  proselytes  could  be  a  king,  unless  his  mother  was  Jewish. 
The  House  of  David  will  reign  forever.  An  interruption  by  another  line 
of  kings  will  not  be  durable.  The  king  must  be  honored,  feared  and  re- 
spected. Even  a  prophet  must  conform  to  established  rules  when  being 
received  in  audience  by  the  king.  The  king  must  live  in  moderation. 
He  has  no  right  to  surround  himself  with  a  host  of  women.  Besides 
his  lawful  queen,  he  is  permitted  to  retain  in  his  household  seventeen 
concubines.  The  widow  of  a  king  is  never  permitted  to  re-marry,  not 
even  another  king.  The  king  has  the  right  to  levy  taxes  for  war  pur- 
poses. A  limited  number  of  soldiers,  such  as  home-guard  and  police, 
can  be  drafted  by  a  proclamation  of  the  king.  In  like  manner  he  may 
draft  officers.  The  king  may  declare  war  upon  his  own  Initiative,  against 
he  nations  which  were  ordered  to  be  destroyed,  or  against  an  invading 
enemy.  All  other  wars  can  be  conducted  only  upon  the  advice  and  with 
the  consent  of  the  Sanhedrin.  All  conquered  territory,  as  a  result  of 
wars  sanctioned  by  the  Sanhedrin,  become  ipso  judicto  part  of  the  Holy 
Land.  No  war  must  be  started  against  any  nation  unless  a  proposal  of 
peace  is  rejected  by  it.  To  Amon  and  Moab  no  proposal  of  peace  was 
made. 

It  is   forbidden  to  settle  permanently  in  Egypt,  unless  it  be  con 
quered  and  become  part  of  Judaea.     But  it  is  permitted  to  go  to  Egypt 
for  commercial  purposes. 


176  GUIDE    OP    JUDAISM 

The  fruit  trees  of  a  besieged  city  must  not  be  destroyed,  unless  they 
be  dead  or  near  their  end  of  usefulness. 

The  concentration  camps  of  the  militia  must  be  kept  in  a  sanitary 
condition.  A  siege  must  begin  three  days  before  the  approach  of  a  Sab- 
bath ;  but  when  the  battle  is  on,  it  must  be  conducted  on  the  Sabbath 
as  well.  A  soldier  acquires  right  of  property  on  the  spot  he  falls  dead, 
and,  therefore,  must  be  buried  there. 

The  special  High- Priest  for  war  appears  twice  before  the  soldiers ; 
at  the  time  when  the  drafting  goes  on,  and  before  a  charge  against  the 
enemy  is  made.  On  the  first  occasion  he  calls  upon  all  who  have  lately 
married,  planted  a  vineyard,  or  built  a  house,  or  have  fear,  to  remain 
home.  On  the  second  occasion  he  addresses  the  troops  before  the  battle 
is  commenced,  saying:  "Hear,  O  Israel,  ye  come  nigh  this  day  unto 
the  battle  against  your  enemies ;  let  not  your  hearts  faint ;  fear  not,  and 
be  not  downcast,  and  do  not  tremble  because  of  them.  For  the  Lord 
your  God  it  is  who  goeth  with  you,  to  fight  for  you  against  your  enemies," 
etc.  (Deut.  xx.  3-4.)  These  words  are  repeated  to  the  army  by  officers. 
Jewish  soldiers  are  permitted  to  eat  in  the  enemies'  land  everything  they 
may  find  fit  for  human  consumption.  They  also  have  a  right  to  take 
women  captives,  but  the  latter  must  be  brought  home  and  taken  as  wives. 
If  captive  women  refuse  to  become  proselytes,  they  must  not  be  sold,  nor 
taken  in  slavery.  They  must  be  liberated. 

When  the  Messianic  era  will  dawn,  the  throne  will  be  restored  to  the 
House  of  David,  and  all  laws  of  Judaism  will  be  in  force  again.  But  let 
no  man  think  that  the  world  will  then  change  in  its  physical  appearance, 
or  that  the  laws  of  nature  will  be  changed.  The  Messianic  era  will  be  an 
era  of  peace  among  all  nations,  and  between  all  nations  and  Israel,  which 
will  be  permitted  to  enjoy  its  own  undisturbed.  But  before  such  era  will 
be  inaugurated  great  wars,  the  greatest  in  history,  will  come  to  pass,  and 
thereafter  all  men  will  live  in  brotherly  peace.  May  it  come  to  pass  in 
our  days,  Amen. 


A    000  131  681     9 


The  Library 
University  of  California,  Los  Angeles 


n. 


e  gift  of  Mrs.  Cummings,  1963 


